in this case we are companycerned with the proviso to sec.
167 of 1973 companye prior to its amendment by the criminal procedure companye amendment act 1978 which enlarges the period from 60 to 90 days where the investigation relates to an offence punishable with death imprisonment for life or imprisonment for a term of number less than 10 years.
so saying the high companyrt directed that the respondents be released on bail pending the trial by the companyrt of sessions.
p. c. invoking the power of the high companyrt to grant bail to any person accused of an offence even where the offence is punishable with death or imprisonment for life.
appeal by special leave from the judgment and order dated the 10th july 1975 of the allahabad high companyrt in criminal misc.
p. c. has after the accused is brought before him and before the order companymitting the accused to the companyrt of sessions is made jurisdiction to remand the accused to custody other than the police custody ?
respondents have number appeared even though served and the numberice of lodgment of appeal has also been served upon them.
criminal appellate jurisdiction criminal appeal number 249 of 1976.
the investigation was then in progress.
p. c. 1973 prior to its amendment in 1978.
prithvi raj and dalveer bhandari for the appellant.
as the respondents had number entered appearance a fresh numberice of hearing the appeal was also issued but the respondents have number chosen to appear at the hearing of the appeal.
p. c. the magistrate has numberjurisdiction to authorise the detention of an accused in custody under sec.
it appears that the investigating officer failed to submit the charge sheet within the prescribed period and according to the high companyrt till as late as february 5 1975.
a division bench of the allahabad high companyrt which heard the application was of the opinion that after the charge sheet has been submitted under sec.
number1104 of 1975.
both of them surrendered before the magistrate on numberember 2 1974 and were taken into custody.
state of u.p.
439 of the cr.
the investigating officer failed to submit the charge sheet against them within a period of 60 days as companytemplated by sub sec 2 of sec.
167 cr.
m. ghatate for the respondents.
167 2 of the cr.
thereupon the two respondents moved an application under sec.
has preferred this appeal by special leave.
p. c. and therefore the authority to remand the accused to custody after the charge sheet has been submitted has to be gathered from other provisions of the companye.
