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2020 (5) TMI 698 - HC - Indian LawsSeeking grant of Bail - time limitation - due to lockdown imposed consequent to SARS COVID 19 Pandemic, the investigating officer was not in a position to submit the final report within the statutory period - HELD THAT:- Coming to the object and scope of Section 167 it is well settled that it is supplementary to Section 57 of the Code. Section 57 of the Code provides that the investigation should be completed in the first instance within 24 hours; if not the arrested person should be brought by the police before a Magistrate as provided under Section 167. Such Magistrate may or may not have jurisdiction to try the case. The Judicial Magistrate can in the first instance authorise the detention of the accused in such custody, i.e. either police or judicial from time to time but the total period of detention cannot exceed fifteen days in the whole. Within this period of fifteen days there can be more than one order changing the nature of such custody either from police to judicial or vice-versa. The significance of the period of 60 days or 90 days, as the case may be , is that if the investigation is not completed within that period then the accused, who is in custody, is entitled to “default bail” if no charge-sheet or challan is filed on the 60th or 90th day as the case may be, subject of course, to the condition that the accused applies for “default bail” and is prepared to and does furnish bail for release. In the case on hand, the petitioner herein was remanded to judicial custody on 17.1.2020. The period of 90 days had expired on 16.4.2020. His bail application was taken up for consideration by the learned Special Judge on 6.5.2020. It is clear from the order that even on that day, the final report had not been submitted before the jurisdictional court. In the light of the above settled precedents, the petitioner has to be held entitled to the grant of default bail. The situation would not change even if after the dismissal of the application by the Special Judge, the final report was laid. Whether the period for submitting the final report can be taken to be extended as contended by the learned Public Prosecutor? - HELD THAT:- If Section 167 of the Cr.P.C. is analysed, it is luculent that the said provision does not provide any outer limit for the period of completion of investigation. It only interdicts the Magistrate from authorising detention of the accused person other than in the custody of the police for the statutory period. However, the police can continue with the investigation and take their own sweet time to conclude the same and file a final report. This provision is unlike Section 468 of the Cr.P.C., which provides for limitations for taking cognizance of certain offences - Right of personal liberty is not only a legal right but it is a human right which is inherent in every citizen of any civilized society. Article 21 only recognizes this right. Section 57 and 167 are the provisions in the Code which provides for procedure established by law which curtails this right. Such provisions which provide for the procedure to keep an accused under prolonged incarceration will have to be interpreted keeping in mind the constitutional rights of the accused. Default bail is granted to the petitioner - petitioner shall be released on bail on his executing a bond for ₹ 50,000/- with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction - application allowed.
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