Once accused were arrested for crime committed by them and petition filed by
them for fair and impartial investigation, the High Court held that
investigation shall be conducted by a Gazette police officer,not below the rank
of Additional Superintendent of Police (ASP).
The investigation is to be completed within 3 months since the accused is put in
custody as per Mandate of 167 of the code of Criminal Procedure and a report to
that extent have to be filed u/s 173 by police officer before the concerned
The accused having shown their willingness to be admitted to the benefits s of
bail and having filed an appropriate application, an indefeasible right did not
accrue in their favour. Appellants entitled to be admitted to bail in terms of
167(2) of Code even if charge sheet filed by police was returned by the
Magistrate for technical reason and on such terms and conditions,as trial Court
may deem appropriate.