AVTAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner is alleged to be an accused of having committed an offence under Section 420 of the Indian Penal Code read with Section 7 of the Essential Commodities Act. He was arrested by the police for the purposes of investigation as far back as on 29.12.1995 and yet the investigation has not been completed. I am surprised as to why the challan could not be put up against the accused before a competent Court of law. The mere allegation against the accused was that he was using a vessel for measurement containing 5 litres of kerosene oil which was actually 4-1/2 litres for supply to the customers. The said vessel has already been seized and long time has been taken by the police to check the record and to record the statements of the witnesses under Section 161 of the Code of Criminal Procedure. The ground taken by the Additional Sessions Judge, for rejection of the bail does not appeal to my conscience for we are not to allow the people to be languished in the jails for the inaction of the police. Without commenting upon the merits of the case, I fail to understand how a case under Section 420 of the Indian Penal Code is made out against the accused when he has specifically committed the offence either under the Weights and Measurement Act or under the Essential Commodities Act. It is for the gain of the police that such offence are added to the crime so as to delay in the investigation.

(2.) HAVING regard to the facts of the case, the accused shall be released on bail in the amount of Rs. 20,000/- with one surety and personal recognition bond in the like amount to the satisfaction of the trial Court. However, the accused is directed that he shall participate in the investigation when and if called by the police in writing and shall not leave the territorial jurisdiction of the Court without previous permission of the Court during the period. The investigation is completed. It is impressed upon the Investigating Officer that the investigation is completed within one month from today and the challan is presented in the Court of law.