The law has a time frame. If an accused is arrested and sent to jail, then timer sets in under Sec.167(2) of Cr.P.C.
This is a statutory timer.
Within 90 days police has to complete investigation and has to file Charge Sheet ( or Challan) stating evidence found against accused.
If for any reason, if charge sheet is not filed, and also no application for Extention of time is filed within 90 days, the accused has to be released on bail under Sec.167(2) of Cr. P.C.
This is even where Prevention of Terrorist Activities Act is applied.
Until now, the law was vague. Police could ask for Extention for time to file charge sheet... Now the law is made more clear in this judgement.
In this case prosecution filed application to extend time of 90 days, after 90 days were over. By this time right had already accured to accused.
Courts did not approve such procrastination.
To my mind, this is a revolutionary judgement. Supreme Court has frowned upon procrastination and delay of police.
In this case no chargesheet was filed in 90.....Charge sheet was filed much later. ....Even then bail was given because chargesheet was not filed within 90 days.
For more details and for more accurate details, the latest law is discussed Union of India versus Nirala Yadav Criminal Appeal 786 of 2010 Supreme Court Judgement dated 30/06/2014.
Judgement can be seen on official website of Supreme Court.
Haresh Raichura
3/8/2014
Haresh Raichura
3/8/2014
