1983 (3) TMI 316

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....n which 12 to 13 dacoits participated. The first dacoity was committed in the house of Bhagirath Prasad and cash of Rs. 6000/-, gold ornaments weighing 51/2 Tolas and silver ornaments were looted. The second dacoity was in the house of Mangilal in which cash of Rs. 55,000/- and gold and silver ornaments were looted. A report was lodged by Bhagirath on 28-10-1982 at 8.15 p.m. in police station 25 kms., away. These 10 applicants and two co-accused Totaram and Karansingh who are all residents of Chalpi were arrested in the evening of 19-11-1982. On the memorandum of each of the applicants cash and ornaments were recovered. They were identified in the identification parade after 15 days of their arrest and the recovered properties were identifi....

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....ounds for believing that the accusation is well founded, he has to be produced before a judicial Magistrate for remand within 24 hours. Under Sub-section (2) the Magistrate can grant remand not exceeding 15 days at a time but police custody cannot be given exceeding 15 days in the whole. Under the proviso the Magistrate may authorise detention of the accused person beyond the period of 15 days if he is satisfied that adequate grounds exist for doing so but no Magistrate shall authorise detention of the accused in custody under this proviso for a total period exceeding 90 days where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term not less than 10 years and on the expiry of the p....

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....General Clauses Act results in the exclusion of the day of the knowledge i. e the date of inspection and the "three months" being calculated as three calendar months. In the view all the prosecutions are within time. A Division Bench of the Patna High Court in Raju alias Raj Kishore v. State of Bihar ILR (1976) Pat 1021 held that the Legislature meant clear 60 days in Section 167(2)(a) of Cr. P. C. and the date on which the accused surrenders in Court has to be excluded from counting of the period of 60 days mentioned in the section and if that date is excluded, charge-sheet can be said to have been submitted on the 60th day and as such the accused could not have been ordered to be released on bail on that account. In that case, the inciden....

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....though challan is filed after period of 90 days, calculated the period of 90 days by excluding the date of arrest. In that case the accused was arrested on 18-9-1981, remand was granted up to 22-12-81, application for bail was moved on 19-12-81 and challan was also filed on that date, it was held that 90 days expired on 17-12-81 by excluding the date of arrest. The view expressed in the aforesaid cases appears to be correct because the period of 90 days can only exceed by excluding the date of arrest because on that day, the day starts and it is completed after 24 hours. 6. Therefore, in the present case if the date of arrest which is 19-11-82 is excluded and since the challan was filed on 17-2-83 which was 90th day, the applicants are n....