In Chaganti Satyanarayana and others v. State of
Andhra Pradesh(1986) 3 SCC 141, it has been held by this Court that period
of ninety days under Section 167(2) of the Code shall be
computed from the date of remand of the accused and not
from the date of his arrest under Section 57 of the Code.
However, in the present case, we have to see the relevant
date as the date when the accused surrendered and
remanded by the court.
In State of M.P. v. Rustam and others, this Court
has laid down the law that while computing period of ninety
days, the day on which the accused was remanded to the
judicial custody should be excluded, and the day on which
challan is filed in the court, should be included. That being
so, in our opinion, in the present case, date 5.7.2013 is to be
excluded and, as such, the charge sheet was filed on
ninetieth day, i.e., 3.10.2013.
Therefore, there is no
infringement of Section 167(2) of the Code.
Reportable
IN THE SUPREME COURT OF INDIA
CRIMILAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.325 OF 2015
Ravi Prakash Singh @ Arvind Singh V State of Bihar
Citation;2015 ALLMR(cri)1230 SC
