JUDGMENT

Shah, J.-Leave granted.

2. Short question involved in this appeal is with regard to the interpretation and construction of the expression "offence punishable with imprisonment for a term of not less than ten years" occurring in proviso (a) to Section 167(2) of the Criminal Procedure Code in context of the expression "imprisonment which may extend to ten years" occurring in Section 386 of the IPC.

3. Appellant was arrested in connection with an offence punishable under Sections 386, 506 and 120-B of the IPC. He was produced before the Metropolitan Magistrate, Delhi on 31.10.1998 and was released on bail by order dated 2.1.1999 by the Metropolitan Magistrate on the ground that charge-sheet was not submitted within 60 days as provided under Section 167(2) of the Criminal Procedure Code, 1973. That order was challenged before the Sessions Judge, New Delhi by filing Criminal Revision No. 22 of 1999. By judgment and order dated 18.8.1999, the Additional Sessions Judge, New Delhi allowed the said revision application. The learned Additional Sessions Judge held that for an offence under Section 386 IPC, period of sentence could be up to 10 years RI. Hence, clause (i) of the proviso (