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TMI Blog2020 (5) TMI 734X X X X Extracts X X X X X X X X Extracts X X X X ..... ourts 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 21.0 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ide. On considering the antecedent of the accused, crime alleged, abscondance of few more accused persons and non-recovery of the remaining stolen property this court finds that the petitioner does not deserve bail at this juncture. 6. However, in view of the covid-19 lockdown and the order passed by the Hon'ble Supreme court extending the limitation, a unique and peculiar legal issue stares at the Court whether the petitioner is entitle to avail the benefit of Section 167(2) of Cr.P.C?. Taking note of the Covid-19 situation and realising the gravity of the pandemic, the Hon'ble Supreme Court on 23/03/2020 in a suomotu writ petition ( SUO MOTU WRIT PETITION (CIVIL) No(s).3/2020 IN RE : COGNIZANCE FOR EXTENSION OF LIMITATION) passe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ought to the notice of all High Courts for being communicated to all subordinate Courts/Tribunals within their respective jurisdiction. Issue notice to all the Registrars General of the High Courts, returnable in four weeks." 7. No doubt in the above order the Honourable Supreme Court has not specifically mentioned that police investigation should also be covered by the said order. However, the Apex Court while invoking its extraordinary 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/appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bail'. The reason, when there is default on the part of investigation right of bail gets accrues to the person detained. Now with this understanding of Section 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 conferenc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mergency can be proclaimed by the President. Presently we face aggression not by human agencies, but by micro-organs. Like wise when the nation face threat to the credit or financial stability under Article 360 Financial emergency can be declared. If emergency is declared, under Article 358 the rights under Article 19 gets suspended. The right to live guaranteed under Article 21 is subject restriction. Presently, though the state is not passing through emergency duly proclaimed, whole nation has accepted the restrictions for well being of mankind. At this juncture, myopic reading of Section 167 of Cr.P.C conveniently ignoring the spirit behind the order by the Apex Court invoking its power under Article 142 of the constitution will amount t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lier 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 order. After putting fetters on the investigating agency upon their right of movement causing delay in completing investigation, the person accused of the offence cannot take undue advantage of the situation and seek default bail. The liberty enshrined under Article 21 is subject to restrictions. The ord ..... X X X X Extracts X X X X X X X X Extracts X X X X
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