The expression “imprisonment for a term of not less than ten years” in Section 167(2)(a)(i), CrPC, refers to offences punishable with imprisonment of ten years or more, not necessarily requiring a minimum sentence of ten years.

S.C. Mital, J.-The petitioners have filed this bail petition under Section 439, CrPC in F.I.R No. 93/97, Police Station, Molasar under Sections 166, 342, 330 & 306 read with 34, IPC. The bail application submitted to Sessions Judge, Nagaur was dismissed by him vide order dated 24th October, 1997. The petitioners have filed the application on the ground that the charge-sheet has been submitted against the petitioners after the expiry of 60 days from the date on which the petitioners were taken into custody. The petitioners’ contention is that they are entitled to be released on bail under Section 167(2)(a)(ii), CrPC because the offence under Section 306, IPC is punishable with imprisonment for 10 years and other offences are punishable even less than 10 years. The charge-sheet must have been tiled within 60 days under Section 167(2)(a)(ii), CrPC The petitioners cannot be kept in custody after the expiry of 60 days. This contention was rejected by the learned Sessions Judge while dismissing the bail application.

2. 1 have heard the learned counsel for the petitioners and the learned Public Prosecutor. The learned counsel for the petitioners has submitted that petitioner Mohan Singh was remanded in judicial custody on 2-8-97 and petitioner Bhagirath Ram was sent to judicial custody on 6-8-97 but charge-sheet was not filed on the completion of 60 days. It is strenuously argued that Section 167(2), CrPC clearly lays down that the time limit for filing the challan for the offences punishable with imprisonment for a term not less than 10 years is 90 days. But the offence under Section 306, IPC is punishable not more than 10 years and the time limit for filing the challan for this offence is 60 days. The words “imprisonment for a term of not less than) 10 years” used in Section 167(2)(a)(i), CrPC mean that the minimum punishment provided should be ten years. Since the minimum punishment often years is not provided for the offence under Section 306, IPC, the time limit for submitting the charge-sheet shall be 60 days as provided under Section 167(2)(a)(ii), Cr. P.C, which is applicable to ‘any other offences’. Since the charge-sheet has not been filed within 60 days from the date of remanding the petitioners to custody by the Magistrate, the petitioners must be released on bail. In support of his contention, he placed reliance on 1997 Cr L J 2974 (Punjab & Haryana) Om Prakash Gabbar vs. State of Punjab.

3. The learned Public Prosecutor vehemently opposed the bail application and supported the impugned order. He contended that the offence under Section 306, IPC is punishable for 10 years, the challan can be submitted within 90 days under Section 167(2)(a)(i), CrPC His main contention is that the words “imprisonment for a term not less than 10 years” in Section 167(2)(a)(i) do not mean that only those offences have been covered in this provision for which minimum 10 years sentence of imprisonment is provided for the offence. It is argued that the negative words used cannot be interpreted to mean that the minimum punishment shall be 10 years and only for such offences the time limit of 90 days shall apply. This provision applies to all the offences in which imprisonment provided is not less than 10 years i.e. all the offences in which the imprisonment is for 10 years or more.

.4. I have given my careful consideration to the arguments advanced by both the sides. The matter rests on the interpretation of Section 1 67(2)(a)(i) and (ii) of Criminal Procedure Code, which is as under: (2 )the Magistrate to whom the accused person is forwarded under this section may, whether he has or has not jurisdiction to try the case, from time to time, authorise the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole, and if he has no jurisdiction to try the case or commit it for trial and considers further detention unnecessary, he may order the accused to be forwarded to a Mag