JULAKANTI BRAHMA REDDY Vs. STATE OF A P

JUDGEMENT

(1.) Petitioners seek bail. The factual matrix necessary for an effective adjudication of the matter may be set forth at the outset.

(2.) The petitioners who are Al to A20 in the crime are accused of the offences punishable under Sections 147, 148, 324, 307, 302, 120-B read with 149 of the Indian Penal Code; Sections 3 and 5 of the Explosive Substances Act; and Section 27 of the Indian Arms Act, in Crime No. 18 of 2001 of Durgi Police Station. As many as seven persons were murdered in the offence perpetrated in this crime. The investigation was commenced so soon after the registration of the crime. They were arrested separately on 12-3-2001; on 27-3-2001, and on 28-3-2001. Since then they have been in judicial custody. The Investigating Officer filed the charge-sheet on 10-6-2001 mentioning, inter alia, that the final charge sheet would be filed after completion of investigation. The charge- sheet was returned for compliance on certain objections and it was represented on 28-6-2001. Again finding that it was not in order, a letter was addressed to the Investigating Officer for compliance and remand was extended till 16-7-2001. On 16-7-2001, the Investigating Officer filed a memo into the Court requesting the Court to return the charge-sheet and the same was allowed. Thereafter, remand was extended till 25-7-2001. Since the charge- sheet was not represented on 25-7-2001 the remand was further extended to 8-8-2001. Even on 8-8-2001 since no communication was received from the Central Jail and as the accused were not produced, remand was extended till 21-8-2001. In the meanwhile, the petitioners filed various bail petitions before the Sessions Court at Guntur seeking bail. The learned Sessions Judge vide his order dated 25-7-2001 dismissed all those bail petitions by means of a common order on the premise that as after completing investigation, charge-sheet was filed and since the situation in the village was tense and as the elections were scheduled by then, the request of the petitioners for bail could not be considered. The petitioners, therefore, approached this Court.

(3.) It is the case of the petitioners that the Police after investigation filed a preliminary charge-sheet since ninety days period would be over by 10-6-2001 which is no charge-sheet in the eye of law and therefore, the petitioners are entitled to bail for the default of the Investigating Officer in completing the investigation.