Raja Bhaiya Singh Vs State of MP

Madhya Pradesh High Court (Single Judge)

Criminal Revision, 1813 of 2020, Judgment Date: Jan 08, 2021

Law laid down -

1. The order dated 23.3.2020 of Supreme Court related to extension of time limit, was not applicable for filing the challan within 60 days or 90 days as prescribed under CrPC.

2. Order upon the application filed for default bail under section 167(2) of CrPC is not an interlocutory order because it decided the valuable right of default bail finally at that stage. Therefore, revision is tenable against the aforesaid order.

3. (i) Period for filing the challan will run from date of order of remand and “one day” will be complete on the next day of the remand. Therefore first date of remand will exclude but last date will be in included.

(ii). Period of temporary bail for few days shall be excluded in computing said 90 days.

(iii). Last date, which is Sunday or Holiday will also be counted in 90th day.

4. Because the offence under section 8(b)/20(a)(i) is punishable by imprisonment upto 10 years, not minimum period of 10 years or death or life imprisonment, therefore, limitation for filing the challan will be 60 days and not 90 days or 180 days.

5. Right of default bail under section 167(2) of CrPC cannot be curtailed by subsequent filing of challan even on the same date.

Raja Bhaiya Singh Vs State of MP