1976 (5) TMI 107 - HC - Indian Laws

Summary

Issues Involved:
1. Entitlement to copies of documents and statements recorded by the Investigating Agency during the course of investigation.
2. Disclosure of material collected during the investigation for opposing bail applications.
3. Application of provisions under the Code of Criminal Procedure, 1973, regarding supply of copies of statements recorded under Section 161(3).

Issue-wise Detailed Analysis:

1. Entitlement to Copies of Documents and Statements Recorded by the Investigating Agency:

The petitioner was arrested and sought bail, insisting on copies of documents and police statements recorded during the investigation. The court examined whether a person arrested during an investigation is entitled to such copies before the investigation is completed and a charge-sheet is filed. The court noted that under the old Code of Criminal Procedure, 1898, and its amendments, the right to obtain copies of statements recorded under Section 161(3) was explicitly conferred at a stage after forwarding of a report under Section 173 and before the commencement of inquiry or trial. The new Code of Criminal Procedure, 1973, maintains this provision, implying that the accused cannot obtain copies of these statements at an earlier stage. The court concluded that the supply of copies before the charge-sheet is filed is impliedly prohibited, as the Code is exhaustive on this subject.

2. Disclosure of Material Collected During Investigation for Opposing Bail Applications:

The court addressed how bail applications under Sections 437 and 439 of the Code should be dealt with if copies of statements are not supplied. It emphasized that when the Investigating Agency opposes bail on the ground that there are reasonable grounds to believe the accused is guilty of an offence punishable with death or imprisonment for life, this submission must be substantiated before the court. The court must form an opinion based on material disclosed to the accused, ensuring fairness and allowing the accused to counter the evidence. The court referred to observations in the Habeas Corpus appeals, highlighting that a judicial opinion cannot be formed on undisclosed material. Therefore, the material collected during the investigation must be disclosed to the accused in some form, typically through an affidavit by the Investigating Officer.

3. Application of Provisions Under the Code of Criminal Procedure, 1973, Regarding Supply of Copies of Statements Recorded Under Section 161(3):

The court reviewed the legislative intent and provisions under both the old and new Codes. It noted that the new Code, like the old Code, specifies the stage at which copies of statements recorded under Section 161(3) are to be supplied to the accused-after forwarding a report under Section 173(1). The court also discussed specific provisions for supplying copies during the investigation, such as those under Sections 165(5) and 100 of the new Code, which do not apply to statements under Section 161(3). The court affirmed that the Code's provisions are exhaustive, and the accused is not entitled to copies of statements recorded under Section 161(3) before the charge-sheet is filed.

Conclusion:

The court set aside the order of the Additional Sessions Judge, directing that the Investigating Agency must disclose the material upon which it opposes the bail application. This material should be provided in the form of an affidavit or another acceptable form, allowing the accused to make submissions based on the disclosed material. The Additional Sessions Judge must then decide on the bail application after hearing both sides. The petition was disposed of with these directions.