MANISH GANDHI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petition under judgement has been filed by the Petitioner praying that he be released on bail under section 167(2) Cr.P.C on the ground that the investigation was not completed within the stipulated period of ninety days thus rendering his continued incarceration in judicial custody illegal. The Ld. Counsel for the Petitioner has, in the process called into question the very legality of the charge sheet filed by the Respondent State by stating that the same is not a charge sheet in the eyes of the law. According to him, the charge sheet filed by the Respondent State cannot be considered as a final report u/s. 173 (2) Cr.P.C only because the State refers to it as such but the same has to be examined if it fulfils the legislative requirement u/s. 173(2) Cr.P.C. The question raised in this petition is when can the investigation be said to be completed.

(2.) The brief facts of the case are as follows. The Petitioner is stated to be in the business of computer and telecommunications equipment and was also a dealer/channel partner for Tata Docomo and Reliance for selling their postpaid mobile sims in Bhopal. P.S ATS/STF Bhopal registered an FIR being Crime No. 02/17 on 06/02/17 under section 122, 123 IPC, under section 3 and 6 of the Indian Wireless and Telegraph Act, 1933 and sections 4, 20 and 25 of the Indian Telegraph Act, 1885. The Petitioner was not named in the FIR which was registered against Balram, Manoj Mandal and others.

(3.) It was alleged that one Satvinder Singh and Dadu, were arrested as suspects in Crime No. 168/2016 of P.S R.S. Pura, District Jammu in the State of Jammu and Kashmir. They were allegedly gathering classified information relating to Indian Military establishment operating in the State of Jammu and Kashmir and passing on the same to their Pakistani handlers. The investigation by the J & K police is said to have revealed that Satvinder Singh was receiving assistance of one Balram of District Satna. Satvinder Singh is also alleged to have been in communication with Pakistani handlers and was being directed in this by one Manoj Mandal from Bihar. Upon the said information being passed on to the Respondent ATS, the abovementioned FIR being Crime No. 02/17 was registered at Bhopal.