TaxTMI 
TaxTMI 
2020 (5) TMI 692
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....he course of the day on the allegation that it was he who committed the aforesaid robbery. He was remanded to judicial custody. 3.The petitioner had earlier filed bail petitions before me. I dismissed them because the petitioner was said to be involved in three previous cases of the same nature. This petition has been filed solely on the ground that since final report has not been filed within the mandatory time limit, the petitioner is entitled to default bail. Objection raised by the prosecution : 4.Shri.A.Robinson, the learned Government Counsel (crl.side) submitted that the petitioner is accused of having committed the offences under Sections 392 r/w 397 of IPC. The offence under Section 397 of IPC is punishable with imprisonment which shall be not less than seven years. It is an offence triable by the Sessions Court. Section 392 of IPC deals with robbery of two kinds ; robbery committed on the highway between sunset and sunrise and other kinds of robbery. The former is punishable with imprisonment that may extend to 14 years. Robbery simpliciter is punishable with rigorous imprisonment for a term which may extend to ten years. If the case on hand is brought under the ....
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....le 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 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." Issue arising for consideration : 5.Section 167 of Cr.PC lays down the procedure to be followed when investigation cannot be completed in 24 hours. Section 167 (1) and (2) of the Code is as under : 167. Procedure when investigation cannot be completed in twenty-four hours.-(1) Whenever any person is arrested and detained in custody and it appears that the investigation cannot be completed within the period of twenty-four hours fixed by Section 57, and there are grounds for believing that the accusation or information is well-founded, the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of subinspector, shall forthwith transmit to the nearest Judicial Magistrate a co....
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....ution of India. It is binding on all the Courts and Tribunals including the High Courts. No one has the right to interpret the orders and directions passed by the Hon'ble Supreme Court. This is well settled. Yet when a case of this nature arises, I have no option but to examine the issue and answer to the best of my lights. 7.It has been held in Achpal v. State of Rajasthan (2019) 14 SCC 599 that the provisions of the Code do not empower any one to extend the period within which the investigation must be completed. If on the expiry of the period aforesaid mentioned, the accused applies for bail and is ready to furnish sureties, an indefeasible right would accrue in his favour. 8.The Hon'ble Supreme Court taking note of the extraordinary situation obtaining in the country has ordered as mentioned above that the period of limitation shall stand extended until further orders. This was to obviate the difficulties faced by the litigants and to ensure that they and their lawyers do not have to come physically to file in the respective Courts and Tribunals. The Hon'ble Supreme Court has not mentioned that police investigations would also be covered by the said orde....
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....the final report is not filed within the time limit prescribed therein, the magistrate will be divested of the jurisdiction to authorise the detention of the accused person beyond the said period, if the accused is prepared to and does furnish bail. The expiry of the period results in accrual of right in favour of the accused. Even though this time limit is referred to as period of limitation, technically it is not. It is only Chapter XXXVI of Cr.Pc that deals with limitation for taking cognizance of certain offences. Even Section 167 (5) of Cr.Pc has been interpreted to mean that the magistrate shall only make a direction for stopping further investigation in a summons case if it is not concluded within the period of six months and the said period has not been extended and it does not bar the magistrate from taking cognizance based on the final report filed thereafter. Hence, Section 167 of Cr.PC cannot be construed as containing the period of limitation for filing of final reports. 11.The Hon'ble Supreme Court had passed one more order on 06.05.2020 in the very same Suo Motu Writ Petition in respect of proceedings in relation to Section 29 (A) of the Arbitration and Concil....
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.... and waiver of penalty, in relation to certain specified laws. The time limits for compliance or completion of certain actions under the specified laws, falling during the period March 20, 2020 to June 29, 2020, have been extended. No similar change has been effected in respect of Section 167(2) of Cr.Pc. If the executive had actually intended that the period specified in Section 167 of Cr.Pc should be extended, it ought to have come out with an appropriate formal measure. The executive must exhibit nimble footwork and not hide behind judicial orders. Only little children hide behind the saree end (pallu) of their mothers. 14.Personal liberty is too precious a fundamental right. Article 21 states that no person shall be deprived of his personal liberty except according to procedure established by law. So long as the language of Section 167(2) of Cr.Pc remains as it is, I have to necessarily hold that denial of compulsive bail to the petitioner herein will definitely amount to violation of his fundamental right under Article 21 of the Constitution of India. The noble object of the Hon'ble Supreme Court's direction is to ensure that no litigant is deprived of his valuable ....