Neetu S/O Rambali Sharma Vs. State of Madhya Pradesh - Court Judgment

Excerpt:
- madhya pradesh nagar tatha gram nivesh adhiniyam (23 of 1973)section 50(4) proviso (as inserted by act of 2004): [dipak misra, krishna kumar lahoti & rajendra menon, jj] preparation of town development scheme proviso prescribing time limit held, object of amendment is to remove hardship caused to citizens and to provide time limit to consider objections and suggestion and to provide a deeming clause so that the authority would act in quite promptitude. proviso unequivocal, categorical and unambiguous and does not permit any other kind of construction but a singular one. section 50 (4) proviso (as inserted by act of 2004): [dipak misra, krishn kumar lahoti & rajendra menon, jj] preparation of town development scheme held, proviso is not retrospective. scheme already finalised will not lapse and has to be completed within the time span provided under proviso. no vested right accrues in favour of authority on commencement of process of preparation of scheme, which cannot be impaired by introducing proviso. section 50(4) proviso (as inserted by act of 2004): [dipak misra, krishn kumar lahoti & rajendra menon, jj] preparation of town development scheme held, proviso uses the term shall be deemed to have lapsed. it does not convey that scheme gets automatically lapsed. - 4. contention of shri tiwari is not well founded. 6. the object of section 207 of the code of criminal procedure is that the copy of the police report and the documents must be supplied to the accused without any delay free of cost before the commencement of the trial so that accused may have the knowledge and information about the accusation levelled against him and the circumstances which emerge against him during the investigation of the case, so that he may defend himself properly and answer the accusations effectively, in course of his examination, under section 313 of the code of criminal procedure. the failure of the prosecution to supply the police papers to the accused on the date of the submission of the charge sheet or on any subsequent date, does not give right to the accused to be enlarged on bail, under section 167(2)(a) of the code of criminal procedure.ordern.p. singh, j.1. they are heard on the application for grant of regular bail to the applicant who is accused of the offences under sections 363, 394, 372 and 392 of the indian penal code and 25/27 of the arms act in crime no. 92/94 p.s., jamul, dist. durg.2. the applicant is alleged to have kidnapped the prosecutrix at the point of dagger and committed rape on her and torn the blouse of the mother's sister of the prosecutrix, when she intervened.3. shri r. n. tiwari, counsel for the applicant has contended that the charge-sheet was filed in this case on 90th day, when the applicant was not produced before the court from the jail custody. the copy of the charge-sheet was not served to the applicant even in jail, on that date or on any subsequent date. the applicant, therefore, deserves to be enlarged on bail, under section 167(2)(a) of the code of criminal procedure.4. contention of shri tiwari is not well founded.5. the mandate of section 167(2)(a) of the code of criminal procedure is that the charge-sheet must be submitted before the court within 60 or 90th day as the case may be. this section does not lay down that police report and documents must be supplied to the accused on the date of submission of the charge-sheet. the accused is entitled to the copy of the police report and the documents under section 207 of the code of criminal procedure which is altogether a quite different provision of law.6. the object of section 207 of the code of criminal procedure is that the copy of the police report and the documents must be supplied to the accused without any delay free of cost before the commencement of the trial so that accused may have the knowledge and information about the accusation levelled against him and the circumstances which emerge against him during the investigation of the case, so that he may defend himself properly and answer the accusations effectively, in course of his examination, under section 313 of the code of criminal procedure.7. admittedly, in this case charge sheet has been submitted on the 90th day. the failure of the prosecution to supply the police papers to the accused on the date of the submission of the charge sheet or on any subsequent date, does not give right to the accused to be enlarged on bail, under section 167(2)(a) of the code of criminal procedure. the applicant is, therefore, not entitled to be released, under section 167(2)(a) of the code of criminal procedure.8. as regards, the merit of the application is concerned, there are sufficient materials against the applicant in the case diary therefore, i am not inclined to enlarge the applicant on bail. the prayer for bail of the applicant is rejected.9. certified copy be given on payment of requisite copying fees.

Judgment:
ORDER

N.P. Singh, J.

1. They are heard on the application for grant of regular bail to the applicant who is accused of the offences under Sections 363, 394, 372 and 392 of the Indian Penal Code and 25/27 of the Arms Act in Crime No. 92/94 P.S., Jamul, Dist. Durg.

2. The applicant is alleged to have kidnapped the prosecutrix at the point of dagger and committed rape on her and torn the blouse of the mother's sister of the prosecutrix, when she intervened.

3. Shri R. N. Tiwari, counsel for the applicant has contended that the charge-sheet was filed in this case on 90th day, when the applicant was not produced before the Court from the jail custody. The copy of the charge-sheet was not served to the applicant even in jail, on that date or on any subsequent date. The applicant, therefore, deserves to be enlarged on bail, under Section 167(2)(a) of the Code of Criminal Procedure.

4. Contention of Shri Tiwari is not well founded.

5. The mandate of Section 167(2)(a) of the Code of Criminal Procedure is that the charge-sheet must be submitted before the Court within 60 or 90th day as the case may be. This section does not lay down that police report and documents must be supplied to the accused on the date of submission of the charge-sheet. The accused is entitled to the copy of the police report and the documents under Section 207 of the Code of Criminal Procedure which is altogether a quite different provision of law.

6. The object of Section 207 of the Code of Criminal Procedure is that the copy of the police report and the documents must be supplied to the accused without any delay free of cost before the commencement of the trial so that accused may have the knowledge and information about the accusation levelled against him and the circumstances which emerge against him during the investigation of the case, so that he may defend himself properly and answer the accusations effectively, in course of his examination, under Section 313 of the Code of Criminal Procedure.

7. Admittedly, in this case charge sheet has been submitted on the 90th day. The failure of the prosecution to supply the police papers to the accused on the date of the submission of the charge sheet or on any subsequent date, does not give right to the accused to be enlarged on bail, under Section 167(2)(a) of the Code of Criminal Procedure. The applicant is, therefore, not entitled to be released, under Section 167(2)(a) of the Code of Criminal Procedure.

8. As regards, the merit of the application is concerned, there are sufficient materials against the applicant in the case diary therefore, I am not inclined to enlarge the applicant on bail. The prayer for bail of the applicant is rejected.

9. Certified copy be given on payment of requisite copying fees.