NIRMAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners claim bail from this Court as a matter of right. Whether such claim is well-founded on the principles and scheme of sections 167, 209 and 309 of the Code of Criminal Procedure is the important procedural question to be determined in this petition.

(2.) THE petitioners were arrested for offences under sections 302/109/120-B of the Indian Penal Code on 1.11.1982 in FIR No. 348 dated 27.10.1982 registered at Police Station Tanda, District Hoshiarpur. They were produced before the Magistrate having jurisdiction of the areas on 2.11.1982 and were remanded to custody.The custody was extended from time to time, the last being uptill 4.2.1983. On Sunday, January 30, 1983 the prosecution agency submitted the Police report within the meaning of section 173(2) of the Code, before a Duty Magistrate. It was obviously put not in the presence of the accused. The learned Duty Magistrate then passed the following order :

(3.) ON the expiry of the period of 60 days or 90 days, as the case may be, of the detention of an accused, authorised under section 167, how is the right to be actuated was answered by the Supreme Court in Hussainara Khatoon and others v. Home Secretary, State of Bihar, Patna, AIR 1979 SC 1377 in the following words :-