TaxTMI 
TaxTMI 
2020 (5) TMI 699
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....ay factual canvass, which unfolds thus: 2.1 One Swapnil Kalal filed an FIR on 12.10.2019, intimating that two young boys intercepted him when he reached Darshan Ghati on his motorcycle and snatched away his bag containing Rs. 62,460/- and some important documents. 2.2 During investigation, the police identified the present petitioner as one of the accused and apprehended to try him for the offence under Section 392/34 of Indian Penal Code. 2.3 Considering that petitioner was 17 years of age - a juvenile, he was ordered to be sent to Rehabilitation Center on 30.1.2020. 2.4 A bail application was filed on petitioner's behalf by his uncle, which came to be rejected by the JJ Board, vide its order dated 10.2.2020. 2.5 The petitioner preferred an appeal against the above order dated 10.2.2020, which too was rejected by the appellate Court. 2.6 The petitioner (through his guardian) has prefered the present revision petition seeking quashment of above referred orders passed by the Board and appellate Court while also praying that he be released on bail. 3. Questioning the legality and proprietary of the above referred orders, learned counsel for the petitioner argued ....
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....orded by the Board and affirmed by the appellate Court, holding that if the present petitioner - a child in conflict with law is released, there is every likelihood that he will mingle in the company of violators of law and prodded or prompted to commit similar offences. 10. As per the scheme of the JJ Act, more particularly Section 12 thereof, a child in conflict with law is to be given benefit of bail. Such benefit can be denied only upon recording a finding that there appears reasonable belief that such release is likely to bring the person into association of any known criminal or expose him to more physical or psychological danger. 11. There is no gainsaying the fact that two more cases of like nature are pending against him. Considering the nature of allegation against the petitioner, the Board and appellate Court were justified in concluding that if he is handed over to the guardian or released on bail, he is likely to go in company or in association of known criminals and the same would expose him to crimes of like nature. 12. Having upheld the orders under challenge on their merits, I proceed to deal with the argument based on failure to file chargesheet and corre....
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....hin their respective jurisdiction. Issue notice to all the Registrars General of the High Courts, returnable in four weeks." 16. Another order (dated 6.5.2020) passed by Hon'ble the Supreme Court in the said case also has a bearing on the issue at hands, hence, the same is being reproduced hereunder: "In view of this Court's earlier order dated 23.03.2020 passed in Suo Motu Writ Petition (Civil) No.3/2020 and taking into consideration the effect of the Corona Virus (COVID 19) and resultant difficulties being faced by the lawyers and litigants and with a view to obviate such difficulties and to ensure that lawyers/litigants do not have to come physically to file such proceedings in respective Courts/Tribunal across the country including this Court, it is hereby ordered that all periods of limitation prescribed under the Arbitration and Conciliation Act, 1996 and under section 138 of the Negotiable Instruments Act 1881 shall be extended with effect from 15.03.2020 till further orders to be passed by this Court in the present proceedings. In case the limitation has expired after 15.03.2020 then the period from 15.03.2020 till the date on which the lockdow....
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.... the case may be, the Accused person shall be released on bail if he is prepared to and does furnish bail, and every person released on bail under this Sub-section shall be deemed to be so released under the provisions of Chapter XXXIII for the purposes of that Chapter; *(emphasis supplied) (b) no Magistrate shall authorise detention of the Accused in custody of the police under this Section unless the Accused is produced before him in person for the first time and subsequently every time till the Accused remains in the custody of the police, but the Magistrate may extend further detention in judicial custody on production of the Accused either in person or through the medium of electronic video linkage; (c) no Magistrate of the second class, not specially empowered in this behalf by the High Court, shall authorise detention in the custody of the police. Explanation I.-For the avoidance of doubts, it is hereby declared that, notwithstanding the expiry of the period specified in paragraph (a), the Accused shall be detained in custody so long as he does not furnish bail. Explanation II.-If any question arises whether an Accused person was produc....
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.... light of various authoritative pronouncement of Hon'ble Supreme Court, an accused gets an inviolable and indefeasible right to be released on bail in the event of an investigation not being complete and on failure of the prosecution to file final report within the time prescribed. Hence, an accused/detenu has to be released, subject atleast to his willingness to furnish the bail as deemed appropriate. 22. It is pertinent to note that similar plea was raised before Madras High Court in Cr. OP (MD) No.5291/2020: Settu Vs. State. Madras High Court on 8.5.2020, while taking note of the orders passed by Hon'ble the Superme Court in Suo Moto Writ Petition (Civil) No.3/2020 and other relevant laws held as under : "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....
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....20 whereby, the period of limitation in all proceedings in respective courts/Tribunals across the country including the Supreme Court under the general law or Special Laws were extended until further order. A reading of the order would show that those directions were issued to obviate difficulties faced by the litigants, lawyer due to the situation arising out of the pandemic. Those directions are applicable to petitions/applications/suits/appeals and other proceedings wherein a period of limitation is prescribed under the general law of Limitation or under Special Laws. Section 2(j) of the Limitation Act, 1963 defines 'period of limitation' as the period of limitation prescribed for any suit, appeal or application by the Schedule, and "prescribed period" means the period of limitation computed in accordance with the provisions of this Act. Section 3 of Act 36 of 1963 provides for limitation of suits, appeals and applications and Section 5 provides for extension of prescribed period in certain cases. Section 29(2) of Act 36 of 1963 provides that where any special or local law prescribes for any suit, appeal or application, a period of limitation different from the period prescribed....
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....two months by a Gazetted Police Officer. The order does not indicate that it was brought to the notice of the High Court that the period for completing the investigation was coming to an end. Mere recording of submission of the Public Prosecutor could not be taken to be an order granting extension. We thus reject the submissions in that behalf advanced by the learned Counsel for the State and the complainant." (emphasis supplied) 12. What has been emphatically stated is that the provisions of the Code do not empower anyone to extend the period within which investigation must be completed. If on the expiry of the period mentioned the final report is not laid, the right of the accused gets crystallised and if the accused expresses his willingness to be admitted to the benefit of bail and prefers appropriate application, he has to be granted default bail. Right of personal liberty is not only a legal right but it is a human right which is inherent in every citizen of any civilized society. Article 21 only recognizes this right. Section 57 and 167 are the provisions in the Code which provides for procedure established by law which curtails this right. Such provisions which ....
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....pex Court invoking its power under Article 142 of the constitution will amount to judicial indiscipline. 14. The spirit behind the order of the Apex Court is to do complete justice. Conscious to the fact that there are several legislations prescribing limitation, the Honourable Supreme Court has generally stated the period of limitation prescribed under general law of limitation or under special laws shall be extended until further order. Therefore it is needless to mention that the limitation under Section 167 for investigation also get extended. 15.The learned counsel for the petitioner relying upon the order passed by this Court in Crl.O.P(MD) No. 5291 of 2020 in Settu -vs- The State rep. by the Inspector of Police, Vallam Police Station, Thanjavur District, dated 08.05.2020 insisted that the extension of period envisaged 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 imp....
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....ck down, the work of investigating authority and police was not stalled. Nor it is the case of the State/Prosecution that the Board or competent Court having jurisdiction were not functioning to accept/admit chargesheet, when sought to be filed. 33. As the felony for which the petitioner is to be tried, prescribes less than 10 years' sentence, the investigating officer was required to file final report or charge-sheet within 60 days, i.e., latest by 30th March, 2020. The same has not been filed even till today. The petitioner is, thus, justified in asserting his right to be released on bail, by offering requisite bail bonds. 34. In the process of reaching the above conclusion, following judgments of Hon'ble the Supreme Court have guided me; wherein provisions of Section 167 the Code have been interpreted and concept of default bail has not only been recognized or accepted, but has been held to be an indefeasible right of an accused, in case charge-sheet is not filed within prescribed time:- (i) CBI Vs. Anupam J. Kulkarni (1992) 3 SCC 141 (ii) Hitendra Vishnu Thakur Vs. State of Maharashtra (1994) 4 SCC 602 (iii) Sanjay Dutt Vs. State (1994) 5 SCC 41....