BANWARI Vs. STATE OF M.P.

JUDGEMENT

(1.) IN the above two situations, when the prosecution fails to complete the investigation and does not file challan within the period of 90 days, but files it immediately on 91st day or even later in order to defeat the right, before the accused could furnish bail or could be released on bail under the proviso of section 167 (2), Cr. P.C. and also when there are challan papers before the Court, while the question of the release of accused on bail is being considered, after the period of 90days of his custody, whether merits of the case could also be considered by the Court, along with the legal effect of the proviso to sub - section (2) of section 167 of the Code.

(2.) 1982 JLJ 697), is itself the complete answer.

(3.) "8. .. But if it is not possible to complete the investigation within a period of 60 days then even in serious and ghastly types of crimes the accused will be entitled to be released on bail. Such a law may be a "paradise for the criminals," but surely it would not be so, as sometimes it is supposed to be because of the Courts. It would be so under the command of the Legislature."