JUDGMENT :

D.N. Patel, J.

Rule. Learned counsel Mr. B.B. Naik waives service of notice of Rule on behalf of the Respondent.

1.1. This Criminal Revision Application has been preferred by the State of Gujarat against the judgment and order dated 25th July, 2007 passed by learned Additional Sessions Judge, Fast Track Court No.8, Vadodara in Criminal Revision Application No.189 of 2007, whereby bail has been granted to the in connection with the offence registered with Karjan Police Station bearing C.R.No.I 42 of 2007, for the offence punishable under Sections 406, 420, 417, 408, 409, 465, 467, 468, 471, 120(B) and 114 of the Indian Penal Code, mainly for the reason that charge-sheet/ challan has not been filed by the police within a period of sixty days and, therefore, bail has been granted to the accused, under Section 167(2) of the Code of Criminal Procedure, 1973. Against this judgment and award dated 25th July, 2007, the State has preferred this Criminal Revision Application for cancellation of bail.

2. Learned Additional Public Prosecutor on behalf of the applicant State submitted that :-

- against the respondent-accused an offence bearing C.R.No.I-42 of 2007 was registered on 19th February, 2007 at Karjan Police Station, for the offences punishable under Sections 406, 420, 417, 408, 409, 465, 467, 468, 471, 120(B) and 114 of the Indian Penal Code;

- Thereafter, was arrested on 10th May, 2007 ;

- Allegation against the is that an amount of Rs. 53,47,847/- has been misappropriated of the Baroda Central Co-Operative Bank Ltd.;

- Investigation was carried out and the charge sheet was filed on 10th May, 2007;

- It appears from the facts of the case that the respondent applied for bail under Section 167(2) of the Code of Criminal Procedure, 1973, before the Trial Court on 13th July, 2007;

- The charge-sheet was filed on 63rd day and, therefore, it was contended by the respondent before the Trial Court that as the charge-sheet is not filed within sixty days, the respondent is entitled to be enlarged on bail under Section 167(2) of the Code of Criminal Procedure, 1973;

- The Trial Court has dismissed this application vide order dated 18th July, 2007;

- Against dismissal of this application, Criminal Revision Application No.189 of 2007 was preferred by the respondent before learned Additional Sessions Judge, Vadodara and it is submitted that the offence is punishable under Sections 467 and 409, the sentence, can be awarded for less than 10 years also and, therefore, sixty days is the prescribed period for filing of charge-sheet/challan, under Section 167 of the Code of Criminal Procedure, 1973. Charge-sheet is not filed within sixty days and, therefore, the respondent is entitled to be enlarged on bail.

- Learned Additional Sessions Judge, Vadodara has therefore, granted bail to the respondent, interpreting the judgment delivered by the Hon'ble Supreme Court and the provisions of the Code of Criminal Procedure, 1973, and observed that charge-sheet/ challan ought to have been filed within a period of sixty days and the same has not been filed within prescribed period and, therefore, bail was granted to the respondent.

- Learned Additional Public Prosecutor for the applicant-State argued out the case in detail and has relied upon the judgment delivered by the Hon'ble Supreme Court in the case of Bhupinder Singh & Ors. Vs. Jarnail Singh and another reported in 2006 Cri.L.J. 3621, especially in paras 8, 11 to 14 and has pointed out that in the facts of the present case, if the maximum sentence awardable is life imprisonment, the Court has to look into the maximum sentence and maximum period of ninety days is prescribed for filing of the charge-sheet/challan and not sixty days. This is an error apparent on the face of the judgment delivered by the Learned Additional Sessions Judge, Vadodara and, therefore, the order passed by the learned Additio