LexRAVI PRAKASH SINGH @ARVIND SINGH versus STATE OF BIHAR
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[2015] 2 S.C.R. 241 RAVI PRAKASH SINGH @ARVIND SINGH A v. STATE OF BIHAR (Criminal Appeal No. 325 of2015) FEBRUARY 20, 2015 B [DIPAK MISRA AND PRAFULLA C. PANT, JJ.] Code of Criminal Procedure, 1973 - s. 167(2) - Bail - Refusal to accused, when - Appellant surrendered before the Magistrate on 5. 7.2013 -Application filed on 03.10.13 for release on bail u/s. 167(2) proviso, on the ground that the C charge sheet was not filed- However, on 03.10.2013 itself, endorsement in the order sheet by the Magistrate that the charge sheet has already been received - Rejection of bail application by the Magistrate as also the Sessions Judge - Petition u/s. 482 Cr.PC. seeking quashing of the order passed D by the Sessions .Judge and the Magistrate - Dismissed by the High Court - On appeal, held: High Court justified in dismissing the petition u/s. 482, and upholding the refusal of bail to appellant - While computing period of ninety days, E the day on which the accused was remanded to the judicial custody should be excluded, and the day on which cha/Ian is fikJd in the court, should be included - Date 05. 07. 13 is to be excluded and, as such, the charge sheet was filed on ninethieth day, i.e., 03.10.13 - Thus, no infringement of s. F 167(2) of the Code. Dismissing the appeal, the Court HELD: While computing period of ninety days, the day on which the accused was remanded to the judicial G custody should be exclud~d, and the day on which challan is filed in the court, should be included. In the instant case, date 05.07 .13 is to be excluded and, as such, 241 H 242 SUPREME COURT REPORTS [2015] 2 S.C.R. A the charge sheet was filed on ninethieth day, i.e., 03.10.13. Therefore, there is no infringement of section 167(2) of the Code of Criminal Procedure, 1973. The High Court did not err in law in dismissing the petition u/s. 482 of the Code, and upholding the refusal of bail to appellant B prayed by him u/s. 167(2) of the Code. [Para 12, 13) [248-C-D] c State of M.P v Rustam and Ors. 1995 Supp (3) SCC 221 - relied on. Powell Nwawa Ogechi v The State (Delhi Administration) 1986 (3) Crimes 577; State of Maharashtra v Sharan B. Sarda; N. Nureya Reddy 1983 (2) Crimes 254; N. Nureya Reddy and Anr. v. State of Orissa 1985 CRLJ 939 (Orissa); Chaganti Satyanarayana and others v. State of Andhra D Pradesh (1986) 3 SCC 141: 1986 (2) SCR 1128 - referred to. Case Law Reference E 1986 (3) Crimes 577 Referred to. Para 9 1983 (2) Crimes 254 Referred to. Para 9 1985 CRLJ 939 (Orissa) Referred to. Para 10 1986 (2) SCR 1128 Referred to. Para 11 F 1995 Supp (3) sec 221 Relied on. Para 12 CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 325 of 2015 G From the Judgment and Order dated 24.12.2013 of the High Court of Judicature at Patna in Criminal Miscellaneous No. 48019 of 2013 Nagendra Rai, Smarhar Singh, Prerna Singh, Aakash H Kumar, Shantanu Sagar for the Appellant. RAVI PRAKASH SINGH@ARVIND SINGH 243 v. STATE OF BIHAR Gopal Singh, Manish Kumar, Roshni Srivastava for the A Respondent. The Judgment of the Court was delivered by PRAFULLA C. PANT, J. 1. This appeal is directed against the judgment and order dated 24.12.2013 passed by B the High Court of Judicature at Patna in Criminal Miscellaneous No. 48019 of 2013 whereby said Court has dismissed the petition under Section 482 of the Criminal Procedure Code, 1973 (for short "the Code") and declined to interfere with the order dated 22.10.2013, passed by Sessions Judge, In- C charge, Kaimur at Bhabua in Bail Petition No. 542 of 2013, and upheld the refusal to release the appellant on bail under Section 167(2) of the Code. 2. Brieffacts of the case are that appellant Ravi Prakash D Singh @ Arvind Singh surrendered before Chief Judicial Magistrate, Kaimuron 5.7.2013 in connection with Crime No. 89 of 2013, registered at Police Station, Chainpur, relating to offences punishable under Section 302 read with Section 34 and Section 1208 of the Indian Penal Code and under Section E 27 of Arms Act. He was remanded to judicial custody till 19.7.2013. His remand was extended under Section 167 of the Code from time to time, and the last remand under said provision was granted till 3.10.2013. On 3.10.2013, the appellant moved an application under Section 167(2) of the F Code for his release on the ground that the charge sheet has not been filed. On the same day, i.e., 3.10.2013, it was endorsed in the
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