Statutory bail under CrPC Section 167(2) is measured from remand, not arrest, clarifying detention limits.

For the purpose of proviso (a) to Section 167(2) CrPC, the statutory period of 90 days in grave offences and 60 days in other offences is computed from the date of remand by the Magistrate, not from the date of arrest. The scheme of Section 167 distinguishes initial police custody under Section 57 from custody authorised by remand, and pre-remand police custody cannot be added to the statutory period. Section 167(5), which expressly refers to the date of arrest, and the structure of Section 309(2) support this construction. The statutory right to bail under the proviso arises only after expiry of the remand period counted from remand.

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Issues: Whether, for the purpose of proviso (a) to Section 167(2) of the Code of Criminal Procedure, 1973, the period of 90 days in grave offences and 60 days in other offences is to be computed from the date of arrest or from the date of remand.

Analysis: The scheme of Section 167 distinguishes the initial police custody authorised under Section 57 from the detention ordered by a Magistrate under Section 167(2). The first period of custody before production before the Magistrate is not custody pursuant to a remand order. The language of proviso (a), which speaks of detention authorised by a Magistrate under that paragraph, supports computation from the date of remand. The amendment by Act 45 of 1978, the reference to the period specified in paragraph (a), the allied provision in Section 167(5) expressly using the date of arrest, and the structure of Section 309(2) all reinforce that the Legislature did not intend the arrest date to be the starting point. The earlier period of police custody cannot be tacked on for computing the statutory remand period.

Conclusion: The period of 90 days or 60 days under proviso (a) to Section 167(2) is to be calculated from the date of remand and not from the date of arrest, and the challenge to the cancellation of bail fails.

Final Conclusion: The statutory right to bail under proviso (a) arises only after expiry of the prescribed remand period counted from remand, not from arrest, and the High Court's order cancelling the premature bail was sustained.

Ratio Decidendi: For the purpose of proviso (a) to Section 167(2), the statutory maximum period of detention runs only from the Magistrate's remand order, because pre-remand police custody under Section 57 is not custody authorised under that proviso.

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