AI Structured Summary
Not yet generated for this judgment
Judgment
Barkat Ali Zaidi, J.—Applicant is under detention in case Crime No. 17/2006 P.S. Ghhibramau, District Kannauj for commission of offences under Sections 363 and 366, I.P.C.
Since the police failed to file completion report within a period of sixty days from 24112006 the day of his arrest he filed an application before Chief Judicial Magistrate, Kannauj claiming his release on bail under the provisions of Section 167 (2) Proviso a (III) of Cr.P.C. which the Magistrate rejected.
This is what brings the applicant to this Court under Section 482, Cr. P.C.
I have heard Sri Prabhakar Tiwari, Advocate for the applicant and Sir R.D. Yadav, Government Advocate for the State.
The Magistrate rejected the application on the ground that an offence under Section 366, I.P.C. was punishable with imprisonment of Ten years and fine. Therefore, provisions of Section 167(2) a (ii) are of no help to him.
As will appear punishment for an offence under Section 366, I.P.C. as given in the Indian Penal Code is imprisonment of either description for a term which may extend to Ten years and also fine which implies that imprisonment can be for a term of less than Ten years, and it cannot, therefore, be said that the minimum sentence under Section 366, I.P.C. will be a term of Ten years or more. The Magistrate seems to have misread the Proviso and his interpretation was erroneous. The applicant is, in the circumstances entitled to bail under Provisions of Section 167 (2) Proviso (a) (ii) of Criminal Procedure Code. The Magistrate will, therefore, grant him bail
Application allowed.