Section 173 of CrPC does not prescribe piecemeal investigation: Gauhati High Court
Gauhati High Court on 27th October 2022 said that Sec 173 of the CrPC does not prescribe piecemeal investigation & filing of incomplete charge sheet before the court. Sec 173(8) CrPC prescribes that even after filing of charge sheet further investigation can be done. It was seen in the matter of Subhra Jyoti Bharali Vs Directorate of Enforcement, Appeal Number: Crl. Rev.P./488/2022 the matter was presided over by Hon’ble Mr. Justice Parthivjyoti Saikia.
FACTS OF THE CASE
In this case, if the investigating officer gathers additional evidence, he can produce it after filing of the charge sheet. The law does not permit the State to expand the max period stipulated u/s 167(2) CrPC by filing supplementary charge sheet. The Court has the reason to hold that the incomplete complaint (charge sheet in CrPC parlance) filed against the petitioner is against the law stipulated by Sec 173 CrPC because law does not permit piecemeal investigation. Hence, the Court holds that the petitioner is entitled to bail u/s 167(2) of the CrPC because investigation of the case is not yet complete. For the said reasons, the petitioner is allowed to go on bail of Rs.1,000,00/- (Rupees One Lakh) with a surety of like amount to the content of the learned Special Judge, Assam, Kamrup(M), Guwahati subject conditions which are not in question.
Heard Mr. D. Das, learned senior counsel appeaed for the petitioner. Also heard Mr. R. Dhar, the learned Standing Counsel, E.D. An application u/s 397 of the Code of Criminal Procedure read with Sec 401 of the said Code whereby the order dated 12th September 2022 passed by the learned Special Judge, Assam, Kamrup (M), Guwahati in Special (PMLA) Case No.41/2022 is set to challenge.
The petitioner is the Managing Director at Industrial Co-operative Bank Limited. An For the said reasons, the petitioner is allowed to go on bail of Rs.1,000,00/- (Rupees One Lakh) with a surety of like amount to the contention of the learned Special Judge, Assam, Kamrup(M), Guwahati subject certain conditions. Has been made against him & 7 other persons alleging that the petitioner has misappropriated a sum of Rs.9,50, 61,499/-.
The FIR has named 7(seven) other persons but none of them are arrested yet. Only the petitioner has been arrested & he has now spent 120 days in judicial custody.
On 20th August 2022, the complaint (charge sheet in CrPC parlance) was filed against the petitioner thereuponit is stated that further investigation is pending in the case, so far as the other persons are concerned. The E.D. even published a press release on 22th August 2022 stating that further investigation is in progress.
The petitioner now claims that in view of Sec 65 of the PMLA Act of 2002, he is entitled to default bail u/s 167(2) of the CrPC.
The learned counsel Mr. Das, submits that the respondent has taken up a pick & choose method to harass the present petitioner. According to Mr. Das, the so-called complaint has been filed against the petitioner so that he loses his right to be released on bail. Mr. Das has submitted that it is an admitted fact that investigation is not yet complete & still going on & therefore, the filling of the complaint would never prevent the petitioner from seeking default bail u/s 167(2) of the CrPC.
Per contra, Mr. Dhar submits that u/s 44(2) of the PMLA Act of 2002, the respondent is empowered to further investigate the matter & any future complaint would be included in the initial complaint. I have given my anxious considerations to the submissions made by the learned counsel of both sides.
Sec 173 of the CrPC does not prescribe piecemeal investigation & filing of incomplete charge sheet before the court. Sec 173(8) CrPC prescribes that even after filing of charge sheet further investigation can be done. In that case, if the IO gathers additional evidence, he can produce it after filing of the charge sheet. The law does not permit the State to expand the maximum period stipulated u/s 167(2) CrPC by filing supplementary charge sheet.
JUDGEMENT
The Court has the reason to hold that the incomplete complaint (charge sheet in CrPC parlance) filed against the petitioner is against the law stipulated by Sec 173 CrPC because law does not permit piecemeal investigation. Hence, the Court holds that the petitioner is entitled to bail u/s 167(2) of the CrPC because investigation of the case is not yet complete. 13. For the said reasons, the petitioner is allowed to go on bail of Rs.1,000,00/- (Rupees One Lakh) with a surety of like amount to the satisfaction of the learned Special Judge, Assam, Kamrup(M), Guwahati subject to the following conditions: (i) Petitioner shall not leave the country without prior permission of the PMLA, Court, Kamrup (Metro), Guwahati. (ii) Petitioner shall not tamper with the evidence in any manner. (iii) Petitioner shall not try to contact any witness directly or indirectly nor shall influence any witness in any manner. (iv) Petitioner shall surrender his passports, if any, in the court. (v) Petitioner shall co-operate with the investigation as & when required by the IO.
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JUDGEMENT REVIEWED BY YAKSHU JINDAL.