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Judgment
4 paragraphs · 284 wordsI. S. Tiwana, J.
The petitioner was apprehended on 11.7.1986 in case FIR No. 303/1986, Police Station Sadar, Amritsar under Section 307 of the Indian Penal Code read with sections 3/4 of the Terrorists and Disruptive Activities (Prevention) Act, 1985. Since then, according to his learned counsel, no progress in the case has been made, nor any challan presented.
The stand of the learned counsel for the State is that in view of the provision of the section 307 of the Code of Criminal Procedure, as amended by section 17 of the Act, the Police is entitled to investigate the matter for one year may not present the challan. He, however, concedes that since the date of arrest of the petitioner, no step whatsoever has been taken by the Police to complete the investigation against him. He further concedes that the only material against the petitioner, at the moment, is the statement of his coaccused and nothing else.
Having given thoughtful consideration to the entire matter, I am of the opinion that the learned counsel may be right in submitting that in this type of cases, the Police may be entitled to investigate the matter for a year from the date of arrest of the accused and may not present the challan against him during that period, yet it, does not mean that the Police is entitled to misuse this provision in not doing anything whatsoever and to still keep the accused in custody. Police is always under an obligation to explain the utilization of this time In view of the attitude adopted by the Investigating Agency, I grant bail to the petitioner, to the satisfaction of the Chief Judicial Magistrate, Amritsar.