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1977 Supreme(Bom) 127

C.T.DIGHE
BHUPENDRA NANDLAL SHAH – Appellant
Versus
STATE OF MAH. AND DETECTIVE INSPECTOR, CRIME BRANCH, C. I. D. , NAGPUR – Respondent


ORDER- This petition raises a question of some importance as to what· order should be passed when in a non-cognizable case the investigating agency has neither obtained an order for extension of time for investigation nor has filed any charge-sheet under section 173 of the Code of Criminal Procedure.

2. The petitioner was arrested on 24-5-1975 by the R. P. F. Kurla, on the allegation that the railway receipt on which he obtained delivery of certain goods was forged. He was released on bond on 2-6-1975 on certain conditions. On 6·10·1975, F. I. R. was recorded against him by G. L. O. Kurla. On 13-11-1975 he was discharged on the request made by R. P. F. Kurla. But as soon as the petitioner came out of Court he was arrested on 13-11-1975, by Inspector Tayde of the Railway C. I. D., Office, Poona. The proceedings continued under No. 118/75 of the G. R. P. Kurla. Although his bail application was rejected by the Metropolitan Magistrate before whom he was produced, the Sessions Court at Bombay, had granted him bail on 20-11-1975. Consequent upon the order the petitioner executed a bail bond and he was attending the court on different dates as directed.

3. From time to time the Railway C















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