JITUBHAI SHANABHAI BHATT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Mr. Anandjiwala, learned Counsel has preferred this bail application. He has relied upon First Information Report (Annexure "A") and the order passed by learned Additional Sessions Judge in bail application No. 86 of 1992 for enlarging the petitioner on bail (Annexure "B"). After perusing the said documents, as this Court was not inclined to admit the matter, the learned Counsel requested the Court to permit him to withdraw the application on the ground that if permission is not granted, he will not be in a position to file another bail application.

(2.) Section 156 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') empowers the Police officer to investigate any cognizable case. Section 157 of the Code contemplates procedure for investigation. Sections 158, 159, 160 and 161 of the Code empower the Police officer to forward his report, hold investigation or preliminary inquiry and it also empowers him to call upon any person being acquainted with the facts and circumstances of the case and to examine such persons. Section 162 of the Code contemplates recording and use of statements. Section 164 of the Code provides for recording of confessions and statements. Section 165 of the Code authorises the officers to make search. Section 167 comes into play when investigation cannot be completed within twenty-four hours. Reading that section it is clear that if investigation cannot be completed within a period of 24 hours as fixed by Sec. 57 of the Code and there are grounds for believing that 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 Sub- Inspector, shall forthwith transmit to the nearest Judicial Magistrate a copy of entries in the diary prescribed relating to the case and shall at the same time forward the accused to such Magistrate. That section also authorises the Magistrate either to grant remand or forward the accused to judicial custody, or looking to the facts and circumstances of the case and in accordance with law, the Court may enlarge the accused on bail as per Sec. 437 of the Criminal Procedure Code. That section also provides that when an accused person is forwarded, then in any case the Magistrate shall not authorise detention in any custody under the said section for a total period exceeding 90 days where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years, and for a period of 60 days where the investigation relates to any other offence. On the expiry of the said period of 90 days or 60 days as the case may be, the accused person shall be released on bail if he is prepared to and does furnish the bail, and every person released on bail under that section shall be deemed to be so released under the provisions of Chapter XXXIII for the purpose of that Chapter. Section 169 of the Code provides that if it appears to the officer-in-chargi of the Police Station that there is no sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate, such officer shall, if such person is in custody, release him on his executing a bond with or without sureties, as such officer may direct, to appear, if and when so required, before a Magistrate empowered to take cognizance of the offence on a police report and to try the accused or commit him for trial. Section 172 of the Criminal Procedure Code contemplates that every Police officer making an investigation shall day by day enter his proceedings in the investigation in a diary, setting forth the time at which the information reached him, the time at which he began and closed the investigation, the place or places visited by him, and a statement of the circumstances ascertained through his investigation.

(3.) Section 173 of the Code contemplates that investigation shall be completed without unnecessary delay and as soon as it is completed, the officerin- charge of the Police Station shall forward to a Magistrate empowered to take cognizance of the offence a police report, a report in the form prescribed by the State Government, giving details as required in this section. Therefore it is clear that till this stage is reached, the investigation is not complete. When the charge-sheet is submitted, the Magistrate shall have to proceed under Sec. 190 of the Code and thereafter Sees. 204, 207 and 209 of the Code will come into picture, as the case may be. It is only at this stage that the accused will know as to what are the charges, what are the documents to be used against him in evidence and who are witnesses likely to give evidence before the Court. Till this stage, the accused is not made aware of these.