HARI CHAND AND RAJ PAL Vs. STATE

JUDGEMENT

(1.) The petitioners, who have approached this Court by filing Criminal Misc. (Main) 99 and III of 1977 for the grant of bail, are accused in the same case and were also arrested on the E same day. Both these petitions will, therefore, be disposed of by this one order.

(2.) A case under sections 395/397, 366 and 376 of the Indian Penal Code . was registered in Police Station Nangloi on 29-12-1975. Hari Chand, Raj Pal and Dharam Pal, the present petitioners, are also accused in the said case. During the investigation, they were arrested on 14-9-1976. The police filed an 'incomplete challan' in the Court of the Magistrate against seven accused, including the three petitioners.

(3.) These applications are for the grant of bail to the petitioners on the ground that no police report, as contemplated by sub-section (2) of section 173 of the Code of Criminal Procedure, 1973, has so far been filed by the Officer Incharge of the Police Station. What has been forwarded to the Magistrate is, at the most, an incomplete report. It is contended that failure to complete the investigation within sixty days, as required by sub-section (2) of section 167 of the new Code and consequently non-submission of the report by the police under section 173(2) entitles the petitioners to be released on bail.