In a latest case, the Hon’ble High Court of Rajasthan
rendered an evaluation of the impact of Supreme Court’s
order dated March 23, 2020, whereby the Apex Court prolonged the
interval of limitation for all common and particular legal guidelines¹. The intrinsic subject
that the High Court was confronted with within the case was
whether or not the extension of interval of limitation as
pronounced by Supreme Court within the impugned order can be
relevant on investigating companies and investigating procedures
and statutory our bodies.

Brief Facts of the case

In view of problem being confronted by the attorneys and the
litigants everywhere in the nation within the wake of coronavirus outbreak,
the Apex Court of India, took suo-moto cognizance of a
writ petition² and handed an order on March 23,
2020, suspending the limitation interval working below all common
and particular legal guidelines, with impact from March 15, 2020 until additional
orders handed within the stated proceedings.

One of the intriguing issues that cropped up after this order
was the applicability of this order on the suitable of the Accused to
get ‘default bail’ below Section 167(2)
of the Cr. P.C. The Jodhpur Bench of Rajasthan High Court on May
22, 2020 had thrown mild on the applicability of the stated order on
investigating companies and statutory our bodies, whereas listening to a
Criminal Revision Petition within the case titled as Pankaj v
State³, towards the rejection of bail of a
Juvenile Accused within the case.

Background

One FIR was lodged towards two younger boys for intercepting the
sufferer when he was on his bike and snatching away his bag
containing Rs. 62,460 together with some essential paperwork. Upon
investigation, the Petitioner, who was 17 years of age was
recognized and apprehended by the Police below Section 392 for
Robbery together with Section 34 IPC having widespread intention.

Subsequently, the Petitioner was despatched to Rehabilitation Centre
as he was a Juvenile and his bail software earlier than the Juvenile
Justice Board in addition to his felony enchantment earlier than the Appellate
Court, had been rejected on the bottom that two extra circumstances of comparable
offences had been already pending towards him. It was additionally contended by
the State that if he’s launched on bail, he’ll once more go within the
similar firm and is prone to commit offences of comparable
nature.

Petitioner’s Contentions

The Petitioner inter-alia took the plea that Police has
not filed the charge-sheet to date and due to this fact, he’s entitled to
be enlarged on bail because the statutory interval of 60 days for submitting
cost sheet as offered below Section 173 of the Code of Criminal
Procedure had expired.

Public Prosecutor’s Contentions

The Public Prosecutor positioned reliance on the order dated March
23, 2020 handed by the Hon’ble Supreme Court within the aforesaid
suo-moto writ petition, to contend that the cost sheet
couldn’t be filed as there was a nationwide lockdown, and
due to this fact, the interval as prescribed below Section 167(2) of CrPC
stands robotically prolonged until the time the lockdown
continues.

Benefit of Supreme Court’s March 23, 2020 order would
not be relevant to Section 167 of Code of Criminal
Procedure

The Court after listening to the contentions of each the events
noticed that on deserves, there isn’t any cause to intrude with the
discovering recorded by the Board and affirmed by the Appellate Court.
The Board and Appellate Court had been justified in concluding that if
he’s handed over to the guardian or launched on bail, he’s probably
to go in firm or in affiliation of recognized criminals and the identical
would expose him to crimes of like nature.

However, the Court proceeded to take care of the argument of the
Public Prosecutor for failure to file cost sheet and computerized
suspension of Section 167(2) Cr. P.C in view of order of the
Hon’ble Supreme Court.

The Court opined that the legislative intent behind Section 167
of CrPC is to not present an outer time restrict inside which the
investigation is required to be accomplished, reasonably it prescribes the
consequence of such failure to finish the investigation inside
the desired time.

The underlying intention or thought behind this provision, is that
an accused can’t be saved in police or judicial custody merely
below the guise of or pretext of pending investigation. The
provision simply places a restrict on the ability of the Magistrate to
prolong the interval of detention past a interval of 60 to 90 days as
the case could also be. The Police are free to hold out their
investigation at their very own tempo as deemed acceptable.

The Court additional relied upon the order of the Madras High Court
in Settu v State⁴ and within the case of Mohd. Ali v
State of Kerala⁵ wherein an identical plea was raised
earlier than the Court. The Madras High Court held that the good thing about
Supreme Court’s March 23, 2020 order wouldn’t be relevant to
Section 167 of Code of Criminal Procedure.

The Court additionally thought-about the divergent view taken by one other
single Bench of Madras High Court vide order dated May 11, 2020 in
the case titled as S. Kasi v State⁶ wherein the Single
Judge after noticing the judgement in Settu’s case
took the view that in view of the lockdown, the time restrict of
finishing the investigation prescribed below Section 167 stands
prolonged, per order of the Apex Court.

Supreme Court’s order doesn’t prolong time interval for
investigating companies and statutory our bodies

The Hon’ble Rajasthan High Court noticed that the intention
of the Hon’ble Supreme Court’s order dated March 23, 2020
was to alleviate the litigants and the attorneys. The Supreme Court
vide its order prolonged the interval of limitation for submitting
petition, enchantment, revision and many others.

There was no point out of extension of time interval for
investigating companies and statutory our bodies. In the absence of any
clear stipulation on this regard, the investigating companies can not
declare such self-serving extension below the pretence or cloak of
the Apex Court’s order. Such plea if granted can be violate of
proper of liberty of the Accused.

The Hon’ble Court additionally noticed that the Government has come
out with ordinance associated to taxation and different legal guidelines, nonetheless, no
modification has been launched within the Cr.P.C, particularly for Section
167.

The Court held that because the felony for which the Petitioner
was being tried prescribes a punishment for lower than 10 years of
imprisonment, the investigating officer was required to file a
ultimate investigation report and charge-sheet inside 60 days of
detention. Therefore, the Petitioner was justified in asserting his
proper to be launched on bail by providing requisite bail bonds. In
view of the aforesaid observations and info and circumstances
prevailing within the case, the Hon’ble Rajasthan High Court
allowed the Review Petition.

Footnotes

1. https://www.ssrana.in/articles/supreme-court-extends-period-of-limitation-covid/

2. Suo Motu Writ Petition (Civil) No.
3/2020

3. S.B. Cr. Rev. Petition no. 335/2020

4. Cr. OP(MD) No. 5291/2020 dated May 05, 2020
in Settu vs. State

5. Bail Appl. No. 2856/2020

6. Cr. OP(MD) No. 5296/2020

Originally printed May 28, 2020

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