Pedhamsetti Srinu v. The State Of Telangana

HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION No. 685 of 2022 O R D E R:

This Criminal Petition under Sections 437 and 439 Cr.P.C. is filed by petitioners - Accused Nos.1 and 2 seeking regular bail in Crime No.358 of 2021 of Pargi Police Station, Vikarabad District, registered for the offences punishable under Sections 420, 273 and 328 of IPC and Section 59(i) of Food Safety and Standard Act. 2.

The case of the prosecution is that on 26.11.2021 at 0015 hours, on receiving credible information of one person is adulterating tea power, the Assistant Sub-Inspector of Police, Pargi Police Station, along with staff proceeded to Kalavathi house at Indranagar Colony, Parigi, and after searching, they found 50 kgs. of adulterated Tea power in the green coloured cover and they seized the same under the cover of mediators report. Basing on the said report, the present crime is registered.

3.

Heard Mr.Vigneswar Reddy, learned counsel for petitioner, and learned Additional Public Prosecutor for respondent-State. 4.

Learned counsel for petitioners submits that the petitioners were arrested on 26.11.2021 and from the last 66 days, they have been languishing in jail. He further submits that so far, police failed to file the charge-sheet, as such, petitioners are entitled for grant of default bail.

5.

Learned Assistant Public Prosecutor also does not dispute the fact that petitioners have been languishing in jail from the last 66 days.

6.

Section 167 (2) Cr.P.C reads thus:

"(2) The Magistrate to whom an accused person is forwarded under this section may, whether he has or has not jurisdiction to try the case, from time to time, authorize the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole; and if he has no jurisdiction to try the case or commit it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction: Provided that- (a) 1 the Magistrate may authorize the detention of the accused person, otherwise than in the custody of the police, beyond the period of fifteen days; if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorize the detention of the accused person in custody under this paragraph for a total period exceeding,- (i) ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years;

(ii) sixty days, where the investigation relates to any other offence, and, on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall be released on bail if he is prepared to and does furnish bail, and every person released on bail under this sub- section shall be deemed to be so released under the provisions of Chapter XXXIII for the purposes of that Chapter;] (b) no Magistrate shall authorize detention in any custody under this section unless the accused is produced before him; (c) no Magistrate of the second class, not specially empowered in this behalf by the High Court, shall authorize detention in the custody of the police. 1 Explanation I.

- For the avoidance of doubts, it is hereby declared that, notwithstanding the expiry of the period specified in paragraph (a), the accused shall be detained in custody so long as he does not furnish bail;]. 2 Explanation II.- If any question arises whether an accused person was produced before the Magistrate as required under paragraph (b), the production of the accused person may be proved by his signature on the order authorizing detention."

Further, it is apt to note that the Hon'ble Apex Court in Uday Mohanlal Acharya v. State of Maharashtra1 observed that personal liberty is one of the cherished objects of the Indian Constitution and deprivation of the same can only be in accordance with law and in conformity with the provisions thereof, as stipulated under Article 21 of the Constitution. When the law provides that the Magistrate could authorize detention of accused in custody up to a maximum period, as indicated in the proviso to sub Section (2) of Section 167 of Cr.P.

C, any further detention beyond the period without filing of a challan by the investigating agency would be a subterfuge and would not be in accordance with law and in conformity with the provisions of the Criminal Procedure Code, and as such, it could be violative of Article 21 of the Constitution of India. The Hon'ble Apex Court in its recent judgment in S.Kasi v. State2 observed that the indefeasible right to default bail under Section 167 (2) Cr.P.C. is an integral part of the right to personal liberty under Article 21 of the Constitution, and the said right to bail cannot be suspended even during pandemic as is prevailing now. It was emphasized that the right of the accused to be set at liberty takes precedence over the right of the State to carry on the investigation and submit a charge sheet.

disparity between the individual accused and the State machinery. This is applicable not only in the case of substantive penal statutes but also in the case of procedure providing for the curtailment of the liberty of the accused.

7.

In view of the foregoing reasons, without going into the merits of the matter, as prosecution failed to file charge sheet within the statutory period of 60 days, as contemplated under Section 167 (2) Cr.P.C., and petitioners are languishing in jail from the last 66 days, this Court is of the opinion that they are entitled to statutory bail. 8.

Accordingly, the criminal petition is allowed and the petitioners/A.1 and A.2 shall be enlarged on bail in connection with Crime No.358 of 2021 of Pargi Police Station, Vikarabad District, on their executing personal bonds for a sum of Rs.20,000/- (Rupees twenty thousand only) each with two sureties for a like sum each to the satisfaction of Judicial First Class Magistrate at Pargi, Vikarabad District.

Miscellaneous petitions pending, if any, shall stand closed. ___________________________ LALITHA KANNEGANTI, J Date: 01.02.2022 mar