Case Note & Summary
The petitioner, Shakil Khan Yasin Khan, was arrested on 25 September 2013 in connection with Crime No. 153/2013 registered at Deopur Police Station, Dhule, for an offence under Section 306 read with Section 34 of the Indian Penal Code (IPC). He was produced before the Judicial Magistrate, First Class, Dhule on 26 September 2013 and remanded to police custody from time to time. On 25 November 2013, the petitioner applied for default bail under Section 167(2) CrPC, claiming that 60 days had elapsed and investigation was incomplete. The Magistrate allowed the application, holding that the offence under Section 306 IPC is punishable with imprisonment up to 10 years, thus falling under the 60-day category under clause (ii) of the first proviso to Section 167(2). The State challenged this order before the Additional Sessions Judge, Dhule, who reversed the decision, holding that the offence falls under the 90-day category under clause (i) because the punishment may extend to 10 years. The petitioner then filed a criminal writ petition in the Bombay High Court. The High Court examined the language of Section 167(2) CrPC, particularly the phrase 'imprisonment for a term of not less than ten years' in clause (i). It held that this phrase means a minimum of ten years, not a maximum. Since Section 306 IPC provides for imprisonment up to 10 years (maximum), it does not qualify as 'not less than ten years'. Therefore, the offence falls under clause (ii) (60 days). The High Court allowed the petition, set aside the Sessions Judge's order, and restored the Magistrate's order granting default bail.
Headnote
A) Criminal Procedure - Default Bail - Section 167(2) CrPC - Interpretation of 'imprisonment for a term of not less than ten years' - The phrase 'not less than ten years' means a minimum of ten years, not a maximum. An offence punishable with imprisonment up to 10 years (maximum) does not qualify as 'not less than ten years' and falls under the 60-day category. Held that the Magistrate correctly applied the 60-day period for default bail (Paras 5-8).
Issue of Consideration
Whether an offence punishable with imprisonment up to 10 years (but not less than 10 years) falls under clause (i) (90 days) or clause (ii) (60 days) of the first proviso to Section 167(2) CrPC
Final Decision
The High Court allowed the writ petition, set aside the order of the Additional Sessions Judge, Dhule dated 25.11.2013 in Criminal Misc. Application No.101/2013, and restored the order of the Judicial Magistrate, First Class, Dhule granting default bail to the petitioner.
Law Points
- Default bail under Section 167(2) CrPC
- Interpretation of 'imprisonment for a term of not less than ten years'
- Offence under Section 306 IPC punishable up to 10 years falls under 60-day category
