Ms. Kamlesh Sharma, J.—This revision petition at the instance of State of Himachal Pradesh is against the order dated 5.3.2002 passed by the Sessions Judge, Sirmaur District at Nahan, whereby the respondent was released on bail on his furnishing personal bond in the sum of Rs. 20,000 with one surety in the like amount to the satisfaction of the Additional Chief Judicial Magistrate, Paonta Sahib on the conditions laid down in the impugned order, on the ground that challan was not put up in the Court within a period of 60 days as provided under Section 167 Cr.P.C. While passing the impugned order the Sessions Judge has relied upon the judgment of the Supreme Court in Rajeev Chaudhary v. State (NCT) of Delhi, (2001) 5 SCC 34, to come to the conclusion that as one of the punishments under Section 304-B IPC is imprisonment for a term which shall not be less than seven years, the case of the respondent is covered under proviso (a)(ii) of sub-section 2 of Section 167 Cr.P.C.

2. After hearing learned Counsel for the parties and going through the record, this Court finds that the Sessions Judge has gravely erred in applying the judgment of the Supreme Court in Rajeev Chaudhary v. St