Law: Criminal Procedure Code (V of 1898)

Section: 497(2),173,173(1)

Law: Khyber Pakhtunkhwa Arms Act, (XXIII of 2013)

Section: 17

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 497(2) 173---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), Ss. 15 17---Unlicensed possession of arms and ammunition ---Bail, grant of---Delay in submitting investigation report (challan) before Trial Court---Investigation report (challan) had still not been submitted before the Trial Court despite the accused being in custody (for a period of over two months), and thus available for investigation---Accused was a local of a known address and the offence attracted a maximum punishment of seven years and the prohibitory clause (of S.497, Cr.P.C.) was not attracted---Trial had still not commenced and would not commence till the prosecution submitted the investigation report (challan)---Petition for leave to appeal was converted into appeal and allowed, and accused was admitted to bail. (b) Criminal Procedure Code (V of 1898)--- ----S. 173(1), proviso---Investigation report (challan)---Delay in the submission of investigation reports (challans) in the province of Khyber Pakhtunkhwa---Supreme Court recorded its observations deprecating such practice in the province and gave appropriate directions for redressing the same. Section 173, Cr.P.C was repeatedly being disobeyed in the province of Khyber Pakhtunkhwa. Belated submission of investigation reports, and for no ostensible reason, undermined the rule of law and was a good indicator of bad governance. Due to the neglect of the police and prosecution in not submitting investigation reports (challans) trials could not commence; trials which would probably conclude by the time the matter of bail came before the Supreme Court. Therefore, either the accused was kept from being punished for the crime committed by him or he was unable to secure his freedom on being acquitted; in either eventuality a wrong signal was sent out, which was that either the judiciary was unnecessarily releasing the accused on bail or keeping innocent persons incarcerated for no good reason. Moreover, the focus shifted away from the early conclusion of trials to incidental matters, such as pursuing the remedy of bail by the accused and the resources of the State and in most cases also those of the…

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