IMPORTANT POINT
For grant of bail under Section 167 (2) Cr.P.C. where sentence is "upto 10 years imprisonment charge sheet has to be filed within 60 days and in cases where sentence is "not less than 10 years", charge sheet will have to be filed within 90 days.

JUDGMENT

Sujit Barman Roy, J.- This is an application under Section 439 of the Code of Criminal Procedure filed by the petitioner namely, Jayanta Majhi. Sanatan Majhi and Chabi Rani Majhi praying for their release on bail as they were arrested in connection with Chanditala P.S. Case No. 59 dated 30.5.2001 under Sections 498A/ 306 of the Indian Penal Code arising out of G.R. Case No. 466/2000 pending before the learned Sub-Divisional Judicial Magistrate Serampore.

2. The prosecution story as revealed from the First Information Report is as follows.

3. The petitioner No.1 Jayanta Majhi was married to Piyali in the month of Ashar. 1406 B.S. according to Hindu rites and customs and at the time of marriage articles were given as per the demands of the petitioners.

4. It has further been alleged that while the deceased Piyali was staying in her matrimonial home she was subjected to torture by the petitioners both mentally and physically and the petitioners also made demands of cash of Rs. 50.000/- from the de facta complainant but, the de facto complainant was unable to satisfy their demand Subsequently petitioner No.1 brought Piyali to her paternal home on 27.5.2001 for attending the 'Jamai Sasthi'. In the morning of 29.5.2001 the petitioner No.3 gave a call to Piyali and told her to return to her matrimonial home and Piyali immediately returned to her matrimonial home and around 11 p.m. of the same day. i.e., 29.5.2001, the de facto complainant received a phone call whereby he was informed about the death of his daughter. The de facto complainant thereafter lodged written complaint alleging therein that due to torture both mental and physical committed by the petitioners his daughter Piyali died.

5. The petitioners were arrested by the police on the/self-same day and their bail prayer was rejected by the concerned Court and the bail prayer of these accused petitioners was rejected by the learned Sessions Judge. Hooghly on 7.7.2001.

6. Mr. Milan Mukherjee, learned Counsel appearing on behalf of the petitioners has strongly contended that the petitioners are entitled to bail since no charge-sheet could be submitted within sixty days from the date of their arrest in connection with this case. It has further been submitted that these accused petitioners there taken into custody on 30.5.2001 and till today i.e. on 30.7.200 I. no charge-sheet has been filed and as such as per the provisions of Section 1 67(2)(ii) of the Code of Criminal Procedure the petitioners are entitled to be released on bail. In support of his contention he has placed his reliance on a number of decisions reported in 1997 Cri.L.J. page 29741; 2001 Cri. L.J. page 1352 (patna High Court) (Ranchi Bench)2; and 2000 (1) CRN, page 5783.

7. From the aforesaid decisions it is clear that for the offence wherein the sentence upto 10 years imprisonment is provided the charge-sheet has to be filed within 60 days as otherwise an accused will acquire a right to be released on bail For appreciating the case of the petitioner it is necessary to refer Section 167(2)(i)(ii) of the Code of Criminal Procedure which are quoted hereunder:

(i) ninety days where the investigation relates to an offence punishable with death imprisonment for life or imprisonment for a term of not less than ten years;

(ii) sixty days where the investigation relates to any other offence……….."

8. Section 306 of I.P.C. denotes about the sentence of imprisonment for a term which may extend to 10 years. On a plain reading of Clauses (i) and (ii) of Proviso (a) to Sub-section 2 of Section 167 of Cr.P.C., there seemed to be no doubt that offences punishable with death, imprisonment for life or imprisonment for a term of not less then 10 years would fall under Clause (i) and offences which are punishable for imprisonment 'upto 10 years' would fall under Clause (ii). Therefore, the two different expressions i.e., "up to 10 years' and 'not less than 10 years' used in the Statute deal with different situations and