Case Note & Summary
The petitioner, Sheikh Nasir Sheikh Rahman, filed a criminal writ petition before the Bombay High Court, Nagpur Bench, challenging the computation of the 90-day period under Section 167(2) of the Code of Criminal Procedure, 1973 (Cr.P.C.) for the purpose of seeking statutory bail. The petitioner was arrested and produced before the magistrate on a certain date and remanded to magisterial custody. The core legal issue was whether the date of production and remand should be included or excluded when calculating the 90-day period after which the accused becomes entitled to default bail if no charge sheet is filed. The petitioner's counsel argued that the date of remand must be included, relying on the Supreme Court's decision in Chaganti Satyanarayana and others vs. State of A.P., AIR 1986 SC 2130, which held that the period should be calculated from the date of remand. The respondent-State, represented by the Additional Public Prosecutor, contended that the later Supreme Court decision in Ravi Prakash Singh alias Arvind Singh Vs. State of Bihar, (2015) 8 SCC 340, had clarified that the date of remand should be excluded. The court examined the judgment in Ravi Prakash Singh and noted that in paragraph 12, the Supreme Court had expressly considered Chaganti Satyanarayana and held, following State of M.P. v. Rustam, that while computing the period of ninety days, the day on which the accused was remanded to judicial custody should be excluded and the day on which the charge sheet is filed should be included. Applying this principle, the court found that the charge sheet in the petitioner's case was filed on the ninetieth day, and therefore there was no infringement of Section 167(2). Consequently, the petition was dismissed as devoid of merit, and the rule was discharged.
Headnote
A) Criminal Procedure - Statutory Bail - Section 167(2) Cr.P.C. - Computation of Period - The issue was whether the date of remand should be included or excluded in computing the 90-day period for statutory bail. The court held that the date on which the accused is remanded to judicial custody must be excluded, following the law laid down in Ravi Prakash Singh alias Arvind Singh Vs. State of Bihar, (2015) 8 SCC 340, which overruled the earlier view in Chaganti Satyanarayana. The petition was dismissed. (Paras 4-8)
Issue of Consideration
Whether the date on which the accused is produced before the court and remanded to magisterial custody should be included or excluded in completing the period of 60 days or 90 days, the prerequisite for seeking statutory bail under Section 167(2) of the Cr.P.C.
Final Decision
The petition stands dismissed. Rule stands discharged.
Law Points
- Computation of 90-day period under Section 167(2) Cr.P.C.
- Date of remand excluded
- Date of filing charge sheet included
- Precedent of Ravi Prakash Singh followed
Case Details
2017 LawText (BOM) (04) 130
Criminal Writ Petition No.228 of 2017
Shri C.B. Barve for the Petitioner, Shri J.Y. Ghurde, Additional Public Prosecutor for the Respondent
Sheikh Nasir Sheikh Rahman
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Nature of Litigation
Criminal writ petition challenging computation of 90-day period for statutory bail under Section 167(2) Cr.P.C.
Remedy Sought
Petitioner sought a declaration that the date of remand should be included in computing the 90-day period, thereby entitling him to statutory bail.
Filing Reason
The petitioner was arrested and remanded to magisterial custody; he claimed that the charge sheet was filed after the expiry of 90 days if the date of remand was included, entitling him to default bail.
Previous Decisions
The matter was heard and decided finally by the High Court; no previous decisions in the same case were mentioned.
Issues
Whether the date on which the accused is produced before the court and remanded to magisterial custody should be included or excluded in computing the period of 60 days or 90 days under Section 167(2) Cr.P.C. for the purpose of statutory bail.
Submissions/Arguments
Petitioner's counsel argued that the date of remand must be included, relying on Chaganti Satyanarayana vs. State of A.P., AIR 1986 SC 2130, which held that the period should be calculated from the date of remand.
Respondent's counsel argued that the date of remand should be excluded, relying on Ravi Prakash Singh vs. State of Bihar, (2015) 8 SCC 340, which held that the date of remand is excluded and the date of filing charge sheet is included.
Ratio Decidendi
While computing the period of 90 days under Section 167(2) Cr.P.C., the day on which the accused is remanded to judicial custody should be excluded, and the day on which the charge sheet is filed should be included. This principle, laid down in Ravi Prakash Singh alias Arvind Singh Vs. State of Bihar, (2015) 8 SCC 340, overrules the earlier view in Chaganti Satyanarayana.
Judgment Excerpts
The issue involved in this writ petition is, whether the date on which the accused is produced before the Court and remanded to the Magisterial custody should be included or excluded in completing the period of 60 days or 90 days, the prerequisite for seeking statutory bail under Section 167(2) of the Cr.P.C.?
In view of above observations, it shall be no longer open for the petitioner to contend before this Court that the date on which the accused is produced before the Court should also be included while computing the period of 90 days under Section 167(1) of the Code of Criminal Procedure.
Procedural History
The petitioner filed a criminal writ petition before the Bombay High Court, Nagpur Bench, challenging the computation of the 90-day period under Section 167(2) Cr.P.C. The petition was heard and finally disposed of by the High Court on 26th April 2017.
Acts & Sections
- Code of Criminal Procedure, 1973 (Cr.P.C.): 167(1), 167(2)
