Full Judgment Text
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PETITIONER:
MATHEW AREEPARMTIL & ORS.
Vs.
RESPONDENT:
STATE OF BIHAR AND ORS.
DATE OF JUDGMENT20/09/1984
BENCH:
FAZALALI, SYED MURTAZA
BENCH:
FAZALALI, SYED MURTAZA
VARADARAJAN, A. (J)
MUKHARJI, SABYASACHI (J)
CITATION:
1984 AIR 1854 1985 SCR (1) 776
1985 SCC (2) 102 1984 SCALE (2)402
ACT:
HEADNOTE:
Code of Criminal Procedure, 1973, s. 144 and s. 169.
The writ petitioners brought to the notice of the Court
that a very large number of people had been languishing in
jails without trial for petty offences.
Disposing of the writ petitions,
^
HELD: (1) In all cases instituted against the adivasi
accused involving sentence of 7 years or more, they will be
entitled to be released on consideration of merit by the
court on executing a personal bond. These cases will be
disposed of on merits expeditiously.[777E]
(2) In the other cases where trial has already started
and which do not come within the first category, indicated
above, the accused will be entitled to be released on bail
on executing a personal bond in the absence of very special
circumstances.[777F]
(3) In cases where no proceedings at all have taken
place in regard to the accused within 3 years from the date
of the lodging of FIR, the accused should be released
forthwith under section 169 Cr.P.C. [777G]
(4) If there are other cases in which neither change
sheet have been submitted nor investigation has been
completed during the last three years, the accused concerned
should be released forthwith subject to reinvestigation of
the said cases on fresh facts and they shall not be arrested
without the permission of the Magistrate and where
permission is given they would be released by the Magistrate
on execution of personal bond. [777H; 778A-B]
(5) Section 144 Cr. P.C. should not be misused and
orders under this Section should be passed in the light of
principles laid down in 1983 (4) SCC 161 at page 169.
JUDGMENT:
ORIGINAL JURISDICTION: Writ Petition (Criminal) Nos.
371-75 of 1983.
(Under article 32 of the Constitution of India)
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Govind Mukhoty and Ms. Kamini Jaiswal for the
petitioners.
777
L.N, Sinha, K.G. Bhagat, Addl. Sol. General, R. N.
Poddar,
P.P. Singh and D. Goburdhan for Respondents.
The Order of the Court was delivered by
FAZAL ALI, J. We have heard counsel for the parties at
length and have also gone through the Reports and documents
filed by the petitioners. In view of the fact that the
counsel for the respondents are more or less agreed to the
order we propose to pass, it is not necessary to go into
further details.
The facts as gleaned from the Reports and documents
reveal a most shocking state of affairs in the region in
question. It seems that a very large number of people have
been languishing in jails without trial for petty offences.
Though most of the said people are alleged to have been
released but the main infirmity has not been cured. Without
going into further details, we dispose of the petitions in
terms of the following Order:
"(1) In all cases instituted against the adivasi
accused concerned which involve sentence of 7
years or more, they will be entitled to be
released on consideration of merit by the court
concerned only on executing a personal bond. These
cases will be disposed of on merits expeditiously.
(2) In the other cases where trial has already started
and which do not come within the first category,
indicated above, the accused will be entitled to
be released on bail on executing a personal bond
in the absence of very special circumstances.
(3) In the cases where no proceedings at all have
taken place in regard to the accused within 3
years from the date of the lodging of FIR, the
accused should be released forthwith under section
169 Cr.P.C.
(4) If there are other cases in which neither charge-
sheet have been submitted nor investigation has
been completed during the last three years, the
accused
778
concerned should be released forthwith subject to
reinvestigation of the said case on fresh facts
and they shall not be arrested without the
permission of the Magistrate and where permission
is given they would be released by the Magistrate
on execution of personal bond.
We would like to observe that Section 144 Cr. P.C. should
not be misused and orders under this Section should be
passed in the light of principles laid down in 1983 (4) SCC
161 at page 169.
At the same time, we would like to warn Adivasi accused
that they should not take the law in their own hands by
shooting or using their arrows on Government Officers or
other forest officers. If they have any complaint they can
move the appropriate authority and get suitable orders from
him.
H.S.K.
779