SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2013 Supreme(SC) 151

VIKRAMAJIT SEN, J. CHELAMESWAR, ALTAMAS KABIR
SURESH KUMAR BHIKAMCHAND JAIN – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  1. The provisions related to remand of an accused during investigation and after cognizance are distinct, with the legislature intending investigation to be completed within specific timeframes (60 days for less serious offenses and 90 days for serious offenses) (!) (!) (!) (!) .

  2. If the investigation is not completed within the stipulated period, the accused acquires an indefeasible right to be released on bail, provided they offer bail, upon the expiry of the investigation period (!) (!) .

  3. During investigation, the Magistrate has the authority to remand the accused for limited periods, but this authority ceases once the maximum period (60 or 90 days, depending on the offense) has elapsed, and the accused must be released on bail if they are willing (!) (!) .

  4. The filing of a charge-sheet within the statutory period (Section 167(2)) is considered sufficient compliance, regardless of whether cognizance has been taken by the court or whether sanction for prosecution has been obtained (!) (!) (!) .

  5. The act of filing a charge-sheet marks the transition from investigation to the next stage of the trial process. Once filed within the prescribed period, the accused’s right to default or statutory bail ends, and the question of bail is to be considered on the merits of the case (!) (!) .

  6. The continuation of remand orders beyond the period allowed under Section 167(2) without taking cognizance or proceeding to trial is generally not permissible, and such remand beyond the statutory period is invalid (!) (!) .

  7. The power to extend detention beyond the initial periods is limited and must be justified on adequate grounds; otherwise, further detention is illegal (!) (!) .

  8. The procedure after cognizance is taken involves different provisions, specifically Section 309, which allows for adjournments and remand but within defined limits, and does not extend the authority to remand beyond the prescribed periods under investigation (!) (!) .

  9. The legal scheme emphasizes that investigation and prosecution are separate stages, with investigation concluding upon the filing of the charge-sheet, which triggers the next phase of the trial process (!) (!) (!) .

  10. In the case discussed, despite the lack of sanction for prosecution, the filing of the charge-sheet within the statutory period meant that the accused was not entitled to statutory bail, and remand orders passed beyond the permissible period were invalid (!) (!) .

Would you like a more detailed explanation or assistance with a specific aspect of this case?


JUDGMENT

Altamas Kabir, Cji.:- This Special Leave Petition arises out of the judgment and order dated 17th December, 2012, passed by the Aurangabad Bench of the Bombay High Court in CRLA No. 4601 of 2012, dismissing the same and directing the Special Judge, in seisin of the matter, to expedite the hearing on framing of charge, as had been directed by this Court on 12th October, 2012, while disposing of Special Leave to Appeal (Crl.) No. 6463 of 2012, filed by the co-accused Pradeep Raisoni.

2. This case has thrown into focus certain important issues regarding the right of an accused to be released on bail under Section 167(2) of the Code of Criminal Procedure, 1973, hereinafter referred to as "Cr.P.C.". One of such issues concerns the power of the Magistrate to pass orders of remand even beyond the period envisaged under Section 167(2) Cr.P.C. In the instant case, despite charge-sheet having been filed, no cognizance has been taken on the basis thereof. The learned Magistrate has, however, continued to pass remand orders, without apparently having proceeded to the stage contemplated under Section 309 Cr.P.C. In order to appreciate the issues which have cropped up during the hearing















































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top