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Issues: Whether the filing of the charge-sheet on the 91st day, when the 90th day fell on a Sunday, infringed the entitlement to default bail under Section 167(2)(a)(i) of the Code of Criminal Procedure, 1973, and whether the principle embodied in Section 10 of the General Clauses Act, 1897 applied to treat the filing as within time.
Analysis: The application for default bail turned on whether a period of ninety days was prescribed for submission of the charge-sheet and whether the expiry of that period on a holiday attracted the principle that an act permitted on the last day may validly be done on the next working day. The Court held that the proviso to Section 167(2) created a prescribed period by necessary implication, because failure to file the charge-sheet within ninety days disentitled the investigating agency from seeking further remand. The object of the provision was noted as expeditious completion of investigation, but the Court concluded that where the last day fell on a Sunday, the principle underlying Section 10 of the General Clauses Act, 1897 applied so that filing on the next working day was in time.
Conclusion: The charge-sheet filed on the next working day after the holiday was held to be within time, and no breach of Section 167(2)(a)(i) of the Code of Criminal Procedure, 1973 was found.
Ratio Decidendi: Where a statute prescribes a period for doing an act in a court or office and the last day falls on a holiday, the act done on the next working day is treated as done within time, including for the purpose of the default-bail period under Section 167(2) of the Code of Criminal Procedure, 1973.
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