- (1.)This is an application for bail under Section 439 of the Code of Criminal Procedure on behalf of the petitioner Nebu Lal Shaw in this case under Sections 302/307/326/120B of Indian Penal Code.
(2.)Petitioner's case is that he was arrested on 20-3-1995 and charge-sheet was submitted by the Investigating Officer on 15-6-1995 against six accused persons. The petitioner's prayer for bail was rejected by this Court on 10-4-1995, 10-5-1995 and 22-6-1995 and he is in custody for more than 4 months being under medical treatment and he is aged about 75 years. On 10-7-1995 the Investigating Officer's prayer for further investigation under Section 173(8) of the Code of Criminal Procedure being allowed, statement of two witnesses were recorded under Section 161 of the Code of Criminal Procedure and those witnesses were also examined under Section 164 of the Code of Criminal Procedure. According to the petitioner, as the Investigating Officer will have to file a supplementary charge-sheet and investigation not being completed within 90 days, the petitioner is entitled to be released on bail.
(3.)The Learned Counsel appearing for the petitioner referring to a ruling reported in 1984 Cri LJ 1277 (P. V. Vidyaprakashan v. C.B.I.) submitted that as there was further investigation in this case the same must be deemed to have been completed when the second charge-sheet was filed, which being after 90 days, the petitioner is entitled to bail under Section 167(2) Proviso (a)(i) Cr. P.C. The case referred to, has no application to the facts of the present case in as much as in that case charge-sheet was submitted in installments and the Investigator had not formed any definite opinion on the materials collected, that there was a case to place the accused before the Magistrate for trial with regard to the offence under Section 201 of Indian Penal Code though he submitted previous charge-sheet 120B/302 and 302/34 of Indian Penal Code, but in this case after investigation was completed, the charge-sheet was submitted by the Investigating Officer on 15-6-1995 against the accused persons after formation of definite opinion that on the material collected there was a case to place the accused before the Magistrate for trial. Therefore, investigation in this case being completed within the statutory period of 90 days and a further report being filed by the Investigating Officer after further material was available to him, it cannot be said that he submitted charge-sheet in installments and the accused does not become entitled to get bail as a matter of right.
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