Case Note & Summary
The petitioner, Rajesh Natwarlal Bangawala, was arrested in connection with Crime No. RC/BSM/2014/E0002 under sections 201, 409, 420, 468, 471 read with 120-B of the Indian Penal Code and Section 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988. He was produced before the Judicial Magistrate, First Class, Virpur, Rajkot, Gujarat on 5th October 2014 and remanded to CBI custody. Subsequently, he was produced before the Special Judge at Mumbai on 7th October 2014. The issue was whether the ninety-day period under Section 167(2) CrPC for default bail should be counted from 5th October 2014 (first remand by Magistrate without jurisdiction) or from 7th October 2014 (first remand by Special Judge with jurisdiction). The petitioner argued that the period should run from 5th October 2014, while the CBI contended that it should run from 7th October 2014. The court held that the Magistrate before whom the accused is first produced has all powers under Section 167 CrPC, and the statutory period commences from that date, regardless of whether the Magistrate has jurisdiction to try the case. The court allowed the petition and directed the release of the petitioner on default bail.
Headnote
A) Criminal Procedure Code - Section 167(2) - Computation of Statutory Period - Default Bail - The ninety-day period under Section 167(2) CrPC for grant of default bail is to be counted from the first date of remand granted by any Magistrate, even if that Magistrate lacks jurisdiction to try the case. The court held that the Magistrate before whom the accused is first produced has all powers under Section 167 CrPC, and the period runs from that date. (Paras 2-4)
B) Criminal Procedure Code - Section 167(2) - Remand by Magistrate Without Jurisdiction - The production of an accused before a Judicial Magistrate who does not have jurisdiction to try the case is still a valid production for the purpose of Section 167(2) CrPC, and the statutory period commences from that date. (Paras 2-5)
Issue of Consideration
Whether the ninety days statutory period under Section 167(2) CrPC is to be counted from the first date of remand granted by a Judicial Magistrate without jurisdiction to try the case or from the first date of remand by the Special Judge having jurisdiction.
Final Decision
The court allowed the petition and directed the release of the petitioner on default bail, holding that the ninety-day period under Section 167(2) CrPC is to be counted from the first date of remand granted by the Judicial Magistrate at Virpur on 5th October 2014.
Law Points
- Section 167(2) CrPC
- computation of statutory period
- first remand date
- magistrate without jurisdiction
- default bail
Case Details
2015 LawText (BOM) (02) 76
Criminal Writ Petition No. 112 of 2015
Mr. Niteen V. Pradhan i/b Mr. Vikram Tare Patil, Ms. Shubhada Khot, Ms. Ameeta Kuthikrishnanan for petitioner; Mr. Anil C. Singh, Addl. Solicitor General a/w Mr. H.S. Venegavkar for CBI; Mr. V.B. Konde-Deshmukh, APP for State
Rajesh Natwarlal Bangawala
The State of Maharashtra, Central Bureau of Investigation
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Nature of Litigation
Criminal writ petition seeking default bail under Section 167(2) CrPC on the ground that the statutory period of ninety days had expired.
Remedy Sought
Petitioner sought release on default bail for failure to file charge sheet within ninety days of first remand.
Filing Reason
Dispute over the date from which the ninety-day period under Section 167(2) CrPC should be counted.
Issues
Whether the ninety-day period under Section 167(2) CrPC is to be counted from the first date of remand by a Magistrate without jurisdiction or from the first date of remand by the Special Judge having jurisdiction.
Submissions/Arguments
Petitioner argued that the accused was first produced before the Judicial Magistrate at Virpur on 5th October 2014, and the ninety-day period should be counted from that date.
CBI argued that the first date of remand before the Magistrate having jurisdiction to try the case should be considered, i.e., 7th October 2014 before the Special Judge at Mumbai.
Ratio Decidendi
The statutory period under Section 167(2) CrPC for default bail commences from the first date of remand granted by any Magistrate, regardless of whether that Magistrate has jurisdiction to try the case, as the Magistrate before whom the accused is first produced has all powers under Section 167 CrPC.
Judgment Excerpts
The issue involved in the present writ petition is as to whether the ninety days statutory period as envisaged u/s 167(2) is to be counted from the first date of remand granted by the judicial Magistrate of Virpur, Gujarat or the same is to be counted from the first date of remand passed by the Special Judge at Mumbai.
Therefore, it cannot be said that the applicant was first produced before the Court on 7th of October, 2014. According to him the petitioner was produced in the Court on 5th of October, 2014 and, therefore, ninety days period is to be counted from 5th of October, 2014.
Procedural History
The petitioner was arrested on 5th October 2014 and produced before the Judicial Magistrate, Virpur, who remanded him to CBI custody. He was then produced before the Special Judge at Mumbai on 7th October 2014. The petitioner filed a writ petition seeking default bail on the ground that the charge sheet was not filed within ninety days from the first remand.
Acts & Sections
- Indian Penal Code, 1860: 201, 409, 420, 468, 471, 120-B
- Prevention of Corruption Act, 1988: 13(2), 13(1)(d)
- Code of Criminal Procedure, 1973: 167(2)
