STATE OF M.P. Vs. VIPIN GOYAL

JUDGEMENT

(1.) Heard counsel for the parties. By consent, matter is taken up for final disposal. The respondent waives notice through counsel for final disposal.

(2.) This application under Section 482 of the Code of Criminal Procedure (for brevity "Code") takes exception to the order passed by the Additional Sessions Judge, Bhopal dated 30.06.2015 in Crime No.14/2013. By this order, application preferred by the Investigating Officer for granting police custody of the respondent has been disposed of by allowing police custody only till 03.07.2015, on the sole finding that the respondent having been taken in judicial custody on 18.06.2015 in furtherance of the order passed by this Court in M.Cr.C. No.8811/2015 on the same date, the 15 days period provided in Section 167 of the Code would start running from that date; and by efflux of time, expire on 03.07.2015. The Court held that, beyond 03.07.2015, police custody of the respondent cannot be permitted, in law. The Trial Court has relied on the decision of Central Bureau of Investigation, Special Investigation Cell-1, New Delhi vs. Anupam J. Kulkarni, 1992 3 SCC 141 to answer the point in issue.

(3.) Before examining the correctness of the opinion recorded by the Trial Court, we may deem it appropriate to advert to some basic facts. The respondent has been named as accused in Crime No.14/2013 for offences punishable under Sections 409, 420, 120-B of I.P.C. and Section 3 (Gha), 1, 2/5 of M.P. Manyata Prapt Pariksha Adhiniyam, 1937. The respondent, however, could not be arrested inspite of the efforts made by the Investigating Agency - because of the processes adopted by him since November, 2014, to which, elaborate reference has been made by us while deciding M.Cr.C. No.8811/2015 (application for bail filed by the respondent in the same crime) vide order dated 29.06.2015. After exhausting all remedies, finally, in view of the liberty given by the Supreme Court, the respondent was required to approach the Sessions Court by way of bail application. Without surrendering before the Trial Court, the bail application filed under Section 439 of the Code was heard and rejected by the Trial Court, because of the protection given to the respondent by the Supreme Court. Even this aspect has been referred to in the order dated 29.06.2015 passed in M.Cr.C. No.8811/2015.