2011 CRI. L. J. 3691 ::2011 (4) All LJ NOC 412 ::2011 (4) ALJ 412 ::(2011) 130 FacLR 32 ::(2011) 2 AllCriR 2054 ::(2011) 5 ADJ 615 (ALL) ::(2011) 4 ADJ 726 (ALL) ::(2011) 4 ESC 2458 ::(2011) 3 Lab LN 488 ::(2011) 6 ServLR 446 ::2011 (73) AllCriC 893

Allahabad High Court

Hon'ble Judge(s): Ravindra Singh , J

Criminal P.C. (2 of 1974) , S.169, S.437, S.439— Release of accused - Nature and effect of order under S. 169 - Application moved by Investigating Officer for not extending judicial custody remand of accused - Consequent order of Magistrate releasing of accused on execution of personal bond - Is a provisional arrangement - Order does not have effect of releasing accused on bail either under S. 437 or S. 439 of Code. If an accused is arrested and is sent to the jail by a judicial order (judicial custody remand) but during investigation the Officer-in-charge of the police station concerned/I.O. of the case moves an application with a prayer not to extend the judicial custody, then the Magistrate concerned is having no option except to direct the accused to be released from the jail on furnishing the personal bond with or without surety. Such a power to move the application even after completing the investigation is conferred to the Officer-in-charge of the police station concerned under S. 169, Cr.P.C. When the Officer Incharge/I.O. in exercise of powers conferred under S. 169 moves an application before the Magistrate concerned to release such person on executing a personal bond with or without sureties, the Magistrate concerned has no power to call upon police to submit charge sheet when the officer in charge or I.O. sends a report that no case is made out f....