1975 (4) TMI 132 - SC - Indian Laws

Summary

Issues Involved:
1. Entitlement to bail under proviso (a) to section 167(2) of the New Code.
2. Applicability of the Old Code vs. New Code during pending investigations.

Summary:

1. Entitlement to Bail under Proviso (a) to Section 167(2) of the New Code:
The appellants were arrested in connection with offences u/s 147, 148, 307, 302, and 149 of the Indian Penal Code. They sought bail based on proviso (a) to section 167(2) of the Code of Criminal Procedure, 1973 (New Code), which mandates release on bail if the investigation is not completed within 60 days. The Sessions Judge and the Orissa High Court rejected their bail applications. The Supreme Court held that the appellants could not claim bail under the New Code as the investigation commenced before the New Code came into force.

2. Applicability of the Old Code vs. New Code during Pending Investigations:
The investigation began before the New Code's enforcement on April 1, 1974. Section 484(2)(a) of the New Code states that any investigation pending before its commencement shall be continued under the Old Code. The Supreme Court noted that under the Old Code, the Magistrate could remand an accused to custody during the investigation u/s 344, not u/s 167(2). The Court affirmed that the appellants' investigation should proceed under the Old Code, and they could not invoke proviso (a) to section 167(2) of the New Code for bail.

Conclusion:
The Supreme Court dismissed the appeal, holding that the appellants were not entitled to bail under the New Code's proviso (a) to section 167(2) since the investigation was governed by the Old Code.