Punjab-Haryana High Court
Gurmeet Singh vs State Of Punjab on 15 June, 2012
Author: Tejinder Singh Dhindsa
Bench: Tejinder Singh Dhindsa
CRM No.M-17498 of 2012 (O&M) [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM No.M-17498 of 2012 (O&M)
Date of Decision: 15.6.2012
Gurmeet Singh ...Petitioner
Versus
State of Punjab ...Respondent.
CORAM:- HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA
PRESENT: Ms. Satwant Mehta, Advocate,
for the petitioner.
Mr. Vijay Kumar Chaudhary, Asstt. A.G., Punjab.
TEJINDER SINGH DHINDSA, J. (ORAL)
The petitioner is seeking bail in case FIR No.14 dated 30.1.2011 under Section 306 of IPC registered at Police Station Sultanwind, District Amritsar.
Learned counsel for the petitioner contends that in terms of Section 167 Sub-clause 2 of Cr.P.C., the investigation relating to an offence other than punishable with death, imprisonment for life or imprisonment for a term of not less than 10 years, is to be completed within 60 days. Learned counsel for the petitioner further submits that the offence under Section 306 of IPC is punishable with an imprisonment upto 10 years.
There is no dispute with regard to the fact that the petitioner was taken into custody on 28.02.2012 and the challan has CRM No.M-17498 of 2012 (O&M) [2] been presented on 16.5.2012.
Learned counsel for the petitioner places reliance upon a judgment of this Court in Om Parkash Gabbar Vs. State of Punjab 1997 (1) RCR Criminal 193, wherein, it has been observed that offences punishable with an imprisonment upto 10 years a challan would have to be filed within 60 days and it is only with regard to offences which are punishable for not less than 10 years the challan was to be filed within 90 days.
In view of the submissions made by the learned counsel for the petitioner and in the light of provision of Section 167 Sub-clause 2 of Cr.P.C., the present petition is allowed and the petitioner is directed to be released on bail subject to the satisfaction of the Illaqa Magistrate/ Duty Magistrate, Amritsar.
Petition stands disposed of.
(TEJINDER SINGH DHINDSA) JUDGE 15.06.2012 sonika