JUDGMENT - P.S. PATANKAR, J.:---Heard both sides. By consent, the rule is made returnable forthwith and the application is disposed of finally.

2.The applicant is involved in a crime punishable under sections 363, 366 of Indian Penal Code registered at Sadar Police Station, Nagpur i.e. Crime No. 115/99. He was arrested on 25-3-1999 and was remanded to police custody on 26-3-1999. He continued to remain in police custody. The mandatory period of 60 days was completed on 26-5-1999. No charge sheet was filed. Hence, the applicant moved bail application under section 167(2) of Criminal Procedure Code on 27-5-1999. It came to be rejected by order dated 7-6-1999 by the learned Chief Judicial Magistrate, Nagpur. Hence, this application under section 482 of the Criminal Procedure Code has been filed.

3.The learned Counsel for the applicant submitted that section 363 is punishable for a maximum period of seven years with fine. Section 366 is punishable with imprisonment for a maximum period of 10 years with fine. The phrase used in section 366 is "imprisonment of either description for a term which may extend to 10 years". He submitted that section 167(2)(a)(i) of the Criminal Procedure Code

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