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TMI Blog1996 (1) TMI 429X X X X Extracts X X X X X X X X Extracts X X X X ..... years to a nearby house for shelter. In that very house other families had also taken shelter. It is said that around 12.30 in the night, the appellants along with others assembled in front of the said house and poured kerosene oil and set the house on fire. They also threatened and prevented persons from coming to the rescue of the victims by threatening them at the point of deadly weapons. Some inmates managed to come out of the house by opening the tiles of the roof, but many children, ladies and males were burnt to death. It is also the case of the prosecution that door of the house had been bolted from outside so that they may not escape. After investigation, charge-sheet was submitted and the appellants were put on trail for different offences including under Section 3(1) and 3(2)(i) of the TADA. The Designated Court constituted under the provisions of the TADA. has rejected the prayer for bail, after discussing the allegations made against different appellants and materials collected during investigation against them including ocular testimony, that appellant put the house in question on fire by locking the doors from outside which resulted in death of several children, lad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l not- (a) (b) (c) (d). (e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if the repealing Act or Regulation had not been passed." As such what will be the effect of expiry of a Temporary Act, has to be examined on the provisions of that Act itself, without any aid from Section 6 of the General clauses act. That is why after expiry of a temporary Act, often a question arises in connection with the legal proceedings whether they can be continued? In many temporary Acts a saving provision in the nature of section 6 of the General Clauses Act is enacted. If there is no provision in the temporary Act similar to Section 6 of the General Clauses Act, the normal rule is that the proceedings initiated under that Act shall ipso facto come to an end with the expiry of the Act. If there is no saving provision, after the expiry of the Act a person who was being prosecuted under the said Act, cannot be prose ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... can introduce a statutory fiction and courts have to proceed on the assumption that such state of affairs exists on the relevant date, because when one is bidden to trial an imaginary state of affairs as real he has to also imagine as real the consequences which shall flow from it unless prohibited by some other statutory provision. In the case of State of Orissa v. Bhupendra Kumar Rosa, AIR 1962 SC 945 = (1962) supp. 2 S.C.R.380 a Constitution Bench of this Court said about the effect of the expiry of a temporary Act: "It is true that the provisions of section 6 of the General Clauses Act in relation to the effect of repeal do not apply to a temporary Act. As observed by Patanjali Sastri, J, as he then was. in 5. Krishnan v, State of Madras, 1951 SCR 621 : AIR 1951 SC 301, the general rule in regard to a temporary statute is that in the absence of special provision to the contrary, proceedings which are being taken against a person under it will ipso facto terminate as soon as the statute expires. That is why the Legislature can. and often does, avoid such an anomalous consequence by enacting in the temporary statute a saving provision, the effect of which is in some resp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ode, It cannot be held that an accused charged of any offence, including offences under TADA, if released on bail because of the default in completion of the investigation, then no sooner the charge-sheet is filed, the order granting bail to such accused is to be cancelled. The bail of such accused who has been released, because of the default on the part of the investigating officer to complete the .investigation, can be cancelled, but not only .on the ground that after the release, charge-sheet has been submitted against such accused for an offence under TADA, For cancelling the bail, the well settled principles in respect of cancellation of bail have to be. made out. In this connection, reference may be made to the case of Aslam Babalal Desai v. State of Maharashtra. [1992] 4 SCC 272. The majority judgment has held that in view of deeming provision under proviso (a) to section 167(2). the order granting bail shall be deemed to be one under Section 437 (1) or sub-section (2) or Section 439(1) and that order can be cancelled, when a case for cancellation is made out under Sections 43 /(5) and 439(2) of the Code. But for that, the sole ground should not be that alter the release o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... default in filing it within the lime allowed, is governed from the lime of filing of the challan only by the provisions relating to the grant of bail applicable at that stage". As such now it is not open to the appellants to claim bail under proviso (a) to Section 167(2) of the Code, Admittedly charge-sheet has been submitted against the appellants, and they are in custody on the basis of orders of remand passed under other provisions of the Code and at this stage proviso (a) to Section 167(2) shall not be applicable. During hearing of the appeal, it was pointed out by the counsel appearing on behalf of the appellants that some courts in order to defeat the right of the accused to be released on bail under proviso (a) to Section 167(2) after expiry of the statutory period for completion of the investigation, keep the applications for bail pending for some days so that in the meantime, charge-sheets are submitted. Any such act on the part of any court cannot be approved. If an accused charged with any kind of offence, becomes entitled to be released on bail under proviso (a) lo Section 167(2) that statutory right should not be defeated by keeping the applications pending ti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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