An earlier illegal detention does not render a later valid detention invalid and entitle the accused for grant of bail.

R. C. PATNAIK, J.

( 1 ) DOES an earlier illegal detention render a later valid detention invalid and entitle the accused for grant of bail? this question came to the fore in course of hearing of these two petitions filed under S. 439 (2) of the Code of Criminal Procedure (for short, 'the Code') for cancellation of bail granted by the learned Sessions Judge, Puri, to Suratha Behera on the authority of D. Bhaskar Rao v. State of Orissa, (1985) 60 Cut LT 228. Mr. S. C. Mohapatra, J. who doubted the correctness of the aforesaid decision, referred the matter for hearing by a larger Bench. This is how the matter has came before us.

( 2 ) ON an F. I. R. lodged on 11-10-1985 at the Tangi Police Station in the district of Cuttack containing allegation of commission of offences under Ss. 302, 323, 325, 337, 147, 148, 149, 379 of the Indian Penal Code, Suratha Behera (Opp. Party in Crl. Misc. Case No. 309/86) and others were arrested and produced in Court on 15-10-1985 and were remanded to custody till 28-10-1985. Neither were the accused produced in court on 28-10-1985 nor was there any direction remanding them to custody. Suratha Behera was produced in court on 4-11-1985 and was remanded to custody till 18-11-1985. He was produced in court on 18-11-1985 and thereafter on 2-12-1985 and 18-12-1985. On 8-1-1986, charge-sheet was filed and cognizance was taken. On 10-1-1986. Suratha Behera was produced in Court and was remanded till 24-1-1986. His prayer for bail was rejected both by the court of Session and by this Court.

( 3 ) ON 25-4-1986, an application was filed by Suratha Behera before the learned Session Judge for grant of bail. It was contended that the detention of the petitioner-Suratha Behera beyond the period of 15 days from 15-10-1985 and from 18-11-1985 without any order of remand had rendered his detention invalid and unauthorised. The subsequent orders of remand could not cure the invalidity and he was entitled to be released on bail. Reliance was placed on a decision of this Court in D. Bhaskar Rao v. State of Orissa (1985) 60 Cut LT 228) (supra) and it was contended that the earlier rejection of it prayer for bail both by the Court of Session and by this court could not operate as impediment. His detention being invalid, he was entitled to be released on bail. The learned Sessions Judge accepted contention. following D. Bhaskar Rao's case and released him on bail.

( 4 ) THE State and the informant have moved this Court in these two applications for cancellation of bail.

( 5 ) THE provisions as to remand of an accused to custody are contained in Ss. 167, 209 and 309 of the Code of Criminal Procedure. Whenever any person is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of twenty-four hours fixed by S. 57, and there are grounds for believing that the accusation or information is well founded, the officer-in-charge of the police station or the police officer making the investigation, if he is not below the rank of Sub-Inspector, shall forthwith forward the accused to the nearest Judicial Magistrate. The Magistrate may authorise the detention of the accused in custody for a term not exceeding 15 days on the whole. Where investigation cannot be completed within 15 days, as aforesaid, the Magistrate may authorise the detention of the accused in custody for a total period not exceeding 90 days where the investigation relates to an offence punishable with death, or imprisonment for life or imprisonment for a term not less than ten years and 60 days where the investigation relates to any other offence. If the investigation is not completed within the aforesaid period, the accused shall be released on bail if he is prepared to and does furnish bail. This is the gist of the provisions as to remand of an accused during investigation contained in S. 167 (1) and (2) of the Code. S. 309 (2) makes provision for remand of an accused for a term not exceeding 15 days at a t