TMI Blog2020 (5) TMI 734X X X X Extracts X X X X X X X X Extracts X X X X ..... inary power conferred in Article 142 of the Constitution during an extraordinary circumstances has clearly expressed his intention and reason for passing such order. The order has been passed to obviate the difficulties faced by the litigants across the country in filing their petitions/applications/suits/appeals/ all other proceedings(emphasis added). Therefore it is appropriate for any prudent person to appreciate the order of the Honourable Apex Court in a holistic perspective. Section 167 of Cr.P.C envisages completion of investigation within the period of 60 days or 90 days, as the case may be, depending upon the gravity of the offence and the extent of punishment. If the investigation not completed within period prescribed, the person accused of the offence is entitled for bail as if he has committed bailable offence. Thereafter the Provisions of Chapter XXXIII of the Code will apply. In other words, Section 167 of the Code of Criminal Procedure mandates the investigating agency to complete the investigation within the time prescribed. If they fail to complete the investigation, statutory right blossom to the person in custody to seek release from prison on bail as matter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .2020 for the alleged offence under Sections 457(2),380(2), 411 (2) and 414(2) of IPC. 2. The petitioner herein is now before this Court seeking bail. In view of the national wide lock down, to avoid physical contacts and to maintain social distancing courts are function through virtual mode. The petitioner has filed his petition petition through E-mail and same is heard through video conferencing. 3. The learned counsel for the petitioner would urge this Court for grant of bail on the ground that the petitioner is innocent and falsely implicated in this case. The respondent to give quitus to the long pending idol theft case under investigation without any progress for nearly 5 years have choosen this petitioner and others as scapegoats. According to the learned counsel for the petitioner the case of idol theft was registered by the respondent police on 31.12.2015 under Section 457(2), 382, 411(2) and 414(2)of IPC in Crime No.495 of 2015. After 4 years the petitioner was arrested on 21.02.2020. The petitioner is in custody for the past 92 days. The respondent police has not filed the final report. Hence the petitioner is entitled for bail by default as contemplated under Sect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elow: This Court has taken Suo Motu cognizance of the situation arising out of the challenge faced by the country on account of Covid-19 Virus and resultant difficulties that may be faced by litigants across the country in filing their petitions/applications/suits/ appeals/all other proceedings within the period of limitation prescribed under the general law of limitation or under Special Laws (both Central and/or State). To obviate such difficulties and to ensure that lawyers/litigants do not have to come physically to file such proceedings in respective Courts/Tribunals across the country including this Court, it is hereby ordered that a period of limitation in all such proceedings, irrespective of the limitation prescribed under the general law or Special Laws whether condonable or not shall stand extended w.e.f. 15th March 2020 till further order/s to be passed by this Court in present proceedings. We are exercising this power under Article 142 read with Article 141 of the Constitution of India and declare that this order is a binding order within the meaning of Article 141 on all Courts/Tribunals and authorities. This order may be brought to the notice o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 167(2) of Cr.P.C, and in the light of the order passed by the Apex Court extending limitation to render complete justice to the litigants the submission of the learned counsel for the petitioner has to be examined. 10. Currently, the State has restricted free movement of the Public. The Law Enforcing Agencies are directed to ensure complete lock down. Access to places restricted either partially or absolutely. Government mechineries has almost come to stand still. Courts gates are locked. Public access is prohibited. All judicial proceedings are conducted through video conference. Administration wings of the Court yet to resume the physical functioning. In such a circumstances, the wings of the investigating agency are clipped; their legs are tied. They are unable to conduct the investigation and complete the same. Even if they complete the investigation, courts are not open to receive it. This is not their fault. Covid-19 situation is the cause for not completing the investigating within the time fixed under the Statute. 11. Therefore taking note of the situation The Hon'ble Supreme Court has passed the order dated 23.03.2020 extracted above. The order came to be passed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... visaged in the Apex court order will not apply to Section 167 Cr.P.C. 16. This Court had the privilege of reading the said order. It is hight of ignorance to expect the investigation agency to complete the investigation and file final report in the Court within time prescribed after closing down the gates and prohibiting the access. After imposing restrictions on their movements and chiding them , executive must exhibit nimble footwork and not hide behind judicial order. Only little children hide behind the saree end (paalu) of their mothers is uncharitable. 17. The learned judge has mis-interpreted the Apex Court Order dated 23/03/2020. The clarification order dated 06/05/2020 no way dilute or restrict the scope and extend of the earlier order. Since the order relied by the learned counsel for the petitioner is contrary to the spirit of the Honourable Supreme Court order issued in exercise to the power of Article 142 it is non-est and has no binding force. 18. In any given situation, a person accused of the offence and the investigation agency has to be treated at par under law. Order passed by the Supreme Court invoking Article 142 of the constitution is an equitable o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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