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17. The significance of the period of 60 days or 90 days, as the case may be, is that if the investigation is not completed within that period then the accused (assuming he or she is in custody) is entitled to ‘default bail’ if no charge sheet or challan is filed on the 60th or 90th day, the accused applies for ‘default bail’ and is prepared to and does furnish bail for release. As can be seen from the narration of facts, no charge sheet or challan was filed against the petitioner on the 60th day but was filed before the conclusion of 90 days. Consequently, was the petitioner entitled to ‘default bail’ after 60 days? According to the petitioner the answer is in the affirmative since he had not committed an offence punishable with imprisonment for not less than ten years, but according to the State he had committed an offence punishable with imprisonment for ten years.

3. Prosecution story in short is that the appellant - Rakesh Kumar Paul was working as the Chairman of the Assam Public Service Commission (APSC) from 11.12.2013. On 27.10.2016 an FIR No. 936 of 2016 was lodged by one Dr. Angshumita Gogoi for offences under Sections 7, 13(1)(b)(2) of the Prevention of Corruption Act 1988 (For short “PC Act”) at Police Station Dibrugarh, Assam stating that one Mr. Nabakanta Patir contacted her and asked her to pay Rs.10,00,000/- (Rupees ten lacs only) to him for recruiting her as Dental Surgeon in the selection conducted by APSC. Upon her intimation to the police, a trap was laid up, wherein Nabakanta Patir was apprehended in his residential premises located at Circuit House Road while he was receiving the amount from the informant. He was arrested and it was found that there was a network of such illegal activities to recruit persons for government service in connivance and conspiracy of other persons. Investigation revealed that the appellant being the Chairman of the APSC was involved in running a network to recruit people to government services in the state in connivance and conspiracy with others. He was found having direct access to the said Nabakanta Patir. During the search at the residence of the appellant, cash amounting to Rs.10,00,000/- (Rupees ten lacs only) answer scripts of the APSC Examination were recovered which contained extra marks bearing the signature of the invigilator including the APSC tabulation sheet, master paper of answer scripts, draft copy of APSC answer booklets including instructions part from a particular printing press of the brother of the appellant. The Papers were supposed to be printed at the Government Printing Press as per the APSC provisions, but they were made to be printed at the private press without any authority. Telephonic conversation records revealed that Nabakanta Patir was in contact with a candidate regarding appointment for the post of BDO also for the year 2016. Some other recoveries were also made from his office and the printing press. The appellant was arrested on 4.11.2016 and was produced before the Judge, Special Court, Guwahati on 5.11.2016, wherein he was remanded to custody.

III. Whether the appellant is entitled to bail on merits?

Answer to question I:

12. To answer this question, I shall briefly trace out the history of the provision under Section 167(2)(a) of the Code. The erstwhile Code of Criminal Procedure 1898 did not contain any such provision for grant of bail on default of the investigating agency in not filing the charge sheet within a specific period of time. When the Code of Criminal Procedure 1973 was enacted to replace the Criminal Procedure Code of 1898, it was felt that the investigation into offences ought to be carried out in a time bound manner so as to provide speedy justice and to protect the life and liberty of the accused persons who are remanded to custody during the pendency of investigation. Thus the provision of Section 167(2)(a) was introduced in the Code of Criminal Procedure 1973, wherein the accused was entitled to get bail on default of the investigating agency in not filing the charge sheet within sixty days of remand. Thereafter, in the year 1978, the Code of Criminal Procedure (Amendment) Act 1978 (Act 45 of 1978) was passed, making several amendments to the Code of Criminal Procedure, 1973. One such amendment was a classification within the proviso to section 167(2)(a) by authorising the detention of upto ninety days in cases punishable with death, imprisonment for life or imprisonment for a term not less than ten years; and authorising detention upto sixty days where the investigation relates to other offences.

Answer to question III:

27. Now, it is to be seen whether the appellant is entitled to bail on merits at this stage. Admittedly, the appellant was the Chairman of the APSC from 11.12.2013. The allegations against him are serious in nature and several recoveries appear to have been made from his residence and other places. The provisions of the APSC with regard to handling of the answer sheets and other procedural illegalities in dealing with the examination are alleged. A network of illegal activities is said to have been operating for huge amounts of illegal gratification. It is submitted by the state that the Investigating Officer has filed an application under Section 173(8) of the Code seeking permission to carry out further investigation as materials have been unearthed which indicates involvement of some other accused persons. It is further submitted that at least fourteen witnesses have deposed under Section 164 of the Code indicating that the appellant has demanded illegal gratification in lieu of one post or the other and also received the same.