The learned Addl. Solicitor General Mr. Anil Singh has submitted that the first date of remand before the Magistrate, having jurisdiction to try the case, is to be considered for the purpose of counting sixty days or ninety days, as the case may be. It is submitted that the remand granted by the Virpur Magistrate was a transit remand and the said period cannot be counted for the purposes of counting the statutory period of ninety days or sixty days as the case may be.
6 Admittedly the charge-sheet was filed on 3 rd of January, 2015. If the ninety days period is counted from 7th of October, 2014, the charge-sheet could have been filed anytime before 5th of January, 2015. However, if the ninety days period is counted from the first date of remand i.e. from 5 th of October, 2014, the charge-sheet was obviously required to be filed on or before 3 rdWP112.15 of January, 2015. In my view, the period of ninety days or sixty days, as the case may be, is to be counted from the first date of production of the accused before the Magistrate, whether he has jurisdiction or not to try the case. Therefore, in the present case the time limit will have to be counted from 5 th October, 2014 and not from 7th October, 2014.1
Bombay High Court
Rajesh Natwarlal Bangawala vs The State Of Maharashtra And Anr on 3 February, 2015
Bench: M.L. Tahaliyani
Citation; 2015 ALLMR(cri)3449