TMI Blog2018 (5) TMI 2152X X X X Extracts X X X X X X X X Extracts X X X X ..... ad 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng the investigation, filed chargesheet on 27th May, 2016 before the Court. However, the investigation was thereafter transferred, on 30th September, 2016, to the CBI along with several other cases. Court proceedings were also transferred from regular courts to the CBI Court at Panchkula. The Petitioner applied for bail before the Additional Sessions Judge, Rohtak which was dismissed on 12th July, 2016. Though some of the co-accused were granted bail by the High Court, bail application of the Petitioner was dismissed by the High Court on 2nd December, 2016. The High Court observed that prima facie the Petitioner appeared to be the leader of the mob which indulged in arson, loot and mischief of burning of the house of a Cabinet Minister. Whe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uly 10, 2018 and concluded by the end of the year. Since order declining bail was passed on 30th January, 2017 and more than one year has gone by, it will be open to the Petitioner, if he is still in custody, to move a bail application before the trial court in accordance with law. This application will stand disposed of accordingly except for consideration of the issue indicated hereafter. 6. We have come across number of cases where investigations remain pending for unduly long time which is not conducive to administration of criminal justice. There is, thus, 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 diff ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion by a police officer beyond 24 hours excepting time necessary for the journey from the place of arrest to the Magistrate's court. Section 167(1) Code of Criminal Procedure provides that where investigation cannot be completed within 24 hours, the Accused has to be produced before the Magistrate and further detention of the Accused has to be authorized by the Magistrate. 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 requireme ..... X X X X Extracts X X X X X X X X Extracts X X X X
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