Proviso to Section 167(2) CrPC: bail ordered where 90 day detention expired without valid final report, subject to conditions.

Detention under the proviso to Section 167(2) Cr. P.C. begins only when investigation involving a surrendered accused actually commences; an earlier final report filed while the accused was absconding does not satisfy the statutory requirement where investigation as to him remained incomplete. A subsequently produced supplementary final report returned as defective and not re presented meant the statutory ninety day period had elapsed without a valid final report. Continued pre trial incarceration was therefore unwarranted and bail was granted subject to specified conditions including bond, sureties, reporting, territorial limits, surrender of passport and non interference with witnesses.

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Issues: Whether the petitioner, who surrendered after being shown as absconding and detained beyond ninety days without a valid final/supplementary report re-presented to the Magistrate, is entitled to release on bail under the proviso to Section 167(2) Cr. P.C.

Analysis: The petitioner's detention began to attract the proviso period only from the date on which investigation involving him commenced following his surrender. The original final report filed earlier was made when the petitioner was absconding and investigation concerning him remained incomplete; subsequent further investigation produced a supplementary final report which was returned as defective and was not re-presented. As at the date of the bail application the statutory ninety-day period had elapsed without a valid final report on the file in respect of the petitioner. Continued pre-trial incarceration was not warranted where the statutory detention limit had been exceeded and the prosecution's concerns could be addressed by imposing bail conditions.

Conclusion: Bail granted to the petitioner on executing a bond of Rs.50,000 with two solvent sureties of like amount and subject to specified conditions, including periodic reporting, territorial restrictions, surrender of passport, availability for interrogation, prohibition on influencing witnesses, and not committing any offence while on bail. The application is allowed.

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