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2018 (5) TMI 2152 - SC - Indian LawsBail not granted, directing that the trial be concluded as far as possible within six months - whether there should be timelines for completing investigation? - HELD THAT:- There is clear need for timelines for completing investigation and for having in-house oversight mechanism wherein accountability for adhering to laid down timelines can be fixed at a different levels in the hierarchy. To determine whether undue delay has occurred, one must have regard to nature of offence, number of Accused and witnesses, workload of the court and the investigating agency, systemic delays. Inordinate delay may be taken as presumptive proof of prejudice particularly when Accused is in custody so that prosecution does not become persecution. Court has to balance and weigh several relevant factors. Though it is neither advisable nor feasible to prescribe any mandatory outer time limit and the court may only examine effect of delay in every individual case on the anvil of Article 21 of the Constitution, there is certainly a need for in-house mechanism to ensure that there is no undue delay in completing investigation. It is well established that authorization for such detention has to be given having regard to the progress in investigation. Even a Magistrate cannot authorise detention in police custody beyond 15 days. After judicial custody for more than 90 days in serious cases stipulated therein and 60 days in other cases, there is a provision for mandatory default bail requirement if there is delay in investigation beyond the said period - the need to lay down timelines for completing investigation with a view to give effect to the mandate of Article 21 of the Constitution. The learned ASG directed to represent the Union of India - the Ministry of Home Affairs directed to have inter action on the subject with all the Central and State investigating agencies on or before May 31, 2018 either on video conferencing or in person. The points emerging from the inter action may be recorded and examined by an appropriate committee which may constituted for the purpose. Put up the matter for further consideration on 3rd July, 2018.
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