IMPORTANT POINT
Where petitioner was arrested on 18.11.1981 and charge sheet was filed on 18.11.1981 (i.e. more than ninety days after arrest) then the Magistrate was obliged to direct release of the petitioner on bail in terms of section 167(2) of Criminal Procedure Code though the offence alleged was heinous.

JUDGMENT

U. Sinha. J. - Cause has been shown on behalf of N. P. Sahay. Superintendent of Police, Purnea. In the facts and circumstances, mentioned in the show cause, on further action is called for in the contempt matter. To that extent the rule is discharged.

2. The petitioner is accused in a case under Section 395 of the Indian Penal Code in connection with loot of passengers of a bus. The alleged offence was heinous. Learned counsel for the petitioner has, therefore, not addressed on merit. The submission urged on behalf of the petitioner is that the petitioner having been arrested on 18th August, 1961 and the charge sheet not having been submitted within ninety days, the learned Magistrate was obliged to direct release of the petitioner in terms of Section 167(2) of the Code of Criminal Procedure. This submission was urged before the Chief Judicial Magistrate also. In order dated 17th November, 1981 the Chief Judicial Magistrate observed that the charge-sheet had been submitted in Court on 12th November, 1981. If that were- true, the petitioner would have no case. It was however, asserted on behalf of the petitioner that the charge-sheet was submitted on 18th November, 1981 and not on 12th November, 1981. That being an assertion on affidavit, a report was called for from the Superintendent of Police. Purnea in regard to the date on which charge-sheet was submitted in Banmankhi P. S. Case N o. 199/81 18th August, 981. The Superintendent of Police has reported by letter dated 28th January, 1983 as follows:

"It is humbly submitted that the charge-sheet dated 17th November, 1981 was submitted, in the case which was received in the Court of C.J.M., Purnea on 18th November, 1981."

3. The conclusion is, therefore, inescapable that the charge-sheet was laid in Court on 18th November, 1981 and not on 12th November, 1981 That date being beyond ninety days, the learned Magistrate had no jurisdiction to remand the petitioner to custody.

4. In that view of the matter, it is hereby directed that the petitioner be released on bail of Rs. 10,000/- (Rupees Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate Purnia, subject to the condition that the father of the petitioner Radha Raman Singh must be one of the sureties. The application is allowed accordingly.

Application allowed.