BHUPENDRA NANLAL SHAH Vs. STATE

JUDGEMENT

(1.) This petition raises a question of some importance as to what order should be passed when in a non-cognizable case the investigating agency has neither obtained an order for extension of time for investigation nor has riled any charge-sheet u/s. 173 of the Code of Criminal Procedure.

(2.) The petitioner was arrested on May 24, 1975 by the R.P.F. Kurla, on the allegation that the railway receipt on which he obtained delivery of certain goods was forged. He was released on bond on June 2, 1975 on certain conditions. On October 6, 1975 F.I.R, was recorded against him by G.L.O. Kurla. On November 13, 1975 he was discharged on the request made by R.P.F. Kurla. But as soon as the petitioner came out of Court he was arrested on November 13, 1975, by inspector Tayde of the Railway C.I.D. Office, Poona. The proceedings continued under No. 118/75 of G.R.P. Kurla, Although his bail application was rejected by the Metropolitan Magistrate before whom he was produced, the Sessions Court at Bombay, had granted him bail on November 20, 1975. Consequent upon the order the petitioner executed a bail-bond and he was attending the Court on different dates as directed.

(3.) From time to time the Railway C.I.D. asked for extension for completing the investigation. It appears that in the meanwhile investigation was handed over to the Detective Inspector Crime Branch, C.I.D. Nagpur. Further extensions were asked for and granted but on July 1, 1977 the following order was passed "Police to submit charge-sheet on July 4, 1977. Bail extended till then".