How to compute 90 Days for bail as per S 167 of CRPC in case of issue of body warrant?
Equivalent Citation: 2015(3) AKR 795, 2015ALLMR(Cri) JOURNAL639, 2015CriLJ4443, ILR 2015 KARNATAKA 4054
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
Criminal Petition No. 1697/2014
Decided On: 21.07.2015
Appellants: Central Bureau of Investigation
Vs.
Respondent: Kenche Mahesh Kumar
Vs.
Respondent: Kenche Mahesh Kumar
Hon'ble Judges/Coram:Mohan M. Shantana Goudar and Budihal R.B., JJ.
Criminal - Body warrant - Date of service - Computation thereof - Section 167 of Criminal Procedure Code, 1973 - Trial Court enlarged Respondent on bail on ground that charge sheet was filed after 90 days from date of service of body warrant on Jail Authorities - Hence, present petition - Whether computation of 90 days, as contemplated under Section 167 of Code would commence from date body warrant is served on Jail Authorities or from date on which Accused is produced before Court - Held, body warrant cannot be equated to warrant of arrest - Order issuing body warrant cannot be construed to be authorization for detaining person - Body warrant would be issued only for purpose of securing person who is already detained in custody in another case - It doesn't that same shall be authorization to curtail liberty of person and to keep him in custody till date on which production is ordered for - Detention of Respondent would begin only after Court below passed order directing handing over of custody to Investigating Officer and not earlier thereto - Period of 90 days contemplated will commence running only from date on which Respondent was produced before Special Judge and was handed over to custody of Petitioner for investigation - Computation of 90 days as contemplated under Section 167 of Code would commence from date on which detention of Accused is authorized in such custody - Petition allowed.
https://www.lawweb.in/2016/01/how-to-compute-90-days-for-bail-as-per.html
