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Arvind v. State Of U.P. & Another - APPLICATION U/s 482 No. 3685 of 2007  RD-AH 3913 (8 March 2007)
(Court No. 48)
Criminal Misc. Application No. 3685 of 2007
Arvind son of Rameshwar
Resident of Village Dhhipari P.S.
Chhibramau, District Kannauj ..... Accused -Applicant.
1. State of U.P.
2. Tota Ram son of lala Ram Resident of
Village Dhhipari Police Station Chhibramau,
District Kannauj. ...........Complainant -Opp.parties.
Hon'ble Barkat Ali Zaidi, J
1. Applicant is under detention in case crime no. 17/2006 P.S. Chhibramau, District Kannauj for commission of offences under Sections 363 and 366 IPC.
2. Since the police failed to file completion report within a period of sixty days from 24.11.2006 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.
3. This is what brings the applicant to this Court under Section 482 Cr.P.C.
4. I have heard Sri Prabhakar Tiwari, Advocate for the applicant and Sri R.D.Yadav, Government Advocate for the State.
5. The Magistrate rejected the application on the ground that an offence under Section 366 IPC was punishable with imprisonment of Ten years and fine. Therefore, provisions of Section 167(2) a (ii) are of no help to him.
6. As will appear punishment for an offence under Section 366 IPC 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 IPC 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
7. Application allowed.
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