LexSTATE OF WEST BENGAL versus PRANAB RANJAN ROY
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STATE OF WEST BENGAL A v. --- ..._ PRANAB RANJAN ROY MARCH 6, 1998 [M.K. MUKHERJEE AND K.T. THOMAS, JJ.] B • Code of Criminal Procedure, 1973-Section 167(5) (as amended by West Bengal Amendment Act No. 2411988)-Appearance of accused- Vakalatnama filed through Advocate-Application for return of documents c filed-Accused neither arrested nor surrendered before the Court-Application for discharge on the ground that chargesheet not filed within two years from the dale of appearance-Allowed-On appeal, Held, no physical appearance before the Court-Act of accused does not amount to his making appearance- Order of discharge set aside-Ss. 436, 437 Cr. P.C. Words & Phrases : D "'Making his appearance"-Meaning of in the context of section 167(5) Cr. P. C. (as amended by West Bengal Amendment Act No. 2411988). According to the prosecution the respondent, Chief of Central Inland E Water Transport, Calcutta acquired assets disproportionate to his known sources of income and a case was registered against him under S. 13(2) read with S. 13(l)(e) of the Prevention of Corruption Act, 1988 on 27.8.1990. Respondent filed a Vakalatnama and an application before the Special Judge through his Advocate on 29.2.1992 for return of certain documents. On >- 4.5.1994 the Investigating Agency filed chargesheet against the respondent. F .,., When the respondent was summoned to appear against in the Court, he filed an application for discharge tinder section 167(5) of the Code of Criminal Procedure (West Bengal Amendment Act No. 24/1988) on the ground that chargesheet was not filed within two years from the date of his appearance. The Special Judge allowed the plea and discharged the respondent. The G revision petition filed by the State was dismissed by the High Court. Hence the present appeal . ' .... The contention of the appellant was that the respondent had not really appeared in Court on 29.2.1992 but his Advocate filed Vakalatnama on that date for making a plea for return of certain documents. It was further H 245 246 SUPREME COURT REPORTS [1998] 2 S.C.R. A contended that appearance of an accused in the Court means his surrender to the process or control of the Court, in which case the Court would either release him on bail or remand him to custody. The contention of the respondents was that if an accused has appeared through his Advocate that would be enough to make his appearance in Court B even if he was not physically present in the Court. Allowing the appeal, this Court HELD : I. I. The respondent has not made his physical appearance before the Special Judge at any time before the charge-sheet was laid. Hence C the bar contemplated in Section 167(5) of the Code of Criminal Procedure (West Bengal Amendment Act No. 24/1988) cannot be in_voked. The order of discharge is, therefore, set aside. [252-F) I.2. The words "made his appearance" in Section 167(5) are used D along with the preceding words which by themselves from into a composite collocation thus: "From the date on which the accused was arrested or made his appearance". It must be noted that the purpose of the sub-section is to impose a time schedule for completion either "from the date of arrest of the accused or the date when he made his appearance in court." The respondent was not arrested at any time in connection with this case. Nor did he E surrender to the Court's custodial domain at any time. The respondent has only filed a Vakalatnama in the Court for making a plea for return of some documents. Thus the act of the respondent cannot amount to his making ·"appearance" in the Court and he cannot avail himself of the benefit envisaged in sec. 167(5) of the Code. [251-E) F I.3. The word "appearance" in section 167(5) cannot be understood difforent from the same word used in Section 436 and 437 of the Code. In Section 436 of the Code, appearance of accused in baiiable offences is dealt with for the purpose of releasing him on bail. "When any person other then a person accused of a non-bailable offence is arrested or detained or appears G or is brought before a court. .. such person shall be released on bail. "In section 437 of the Code, releasing an accused on bail in a non-bailable offence is dealt with. "When any person accused of, or suspected of, the commission of any non-bailable offence is arrested .... or appears or is before a Court .... he shall be released on bail..." The appearance mentioned i
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