tition Criminal Nos 371 75 of 1983
Under article 32 of the Constitution of India Govind Mukhoty and Ms Kamini Jaiswal for the petitioners
777 LN Sinha KG Bhagat Addl
General R N Poddar PP Singh and D Goburdhan for Respondents
The Order of the Court was delivered by FAZAL ALI J We have heard counsel for the parties at length and have also gone through the Reports and documents filed by the petitioners
In view of the fact that the counsel for the respondents are more or less agreed to the order we propose to pass it is not necessary to go into further details
The facts as gleaned from the Reports and documents reveal a most shocking state of affairs in the region in question
It seems that a very large number of people have been languishing in jails without trial for petty offences
Though most of the said people are alleged to have been released but the main infirmity has not been cured
Without going into further details we dispose of the petitions in terms of the following Order 1 In all cases instituted against the adivasi accused concerned which involve sentence of 7 years or more they will be entitled to be released on consideration of merit by the court concerned only on executing a personal bond
These cases will be disposed of on merits expeditiously
2 In the other cases where trial has already started and which do not come within the first category indicated above the accused will be entitled to be released on bail on executing a personal bond in the absence of very special circumstances
3 In the cases where no proceedings at all have taken place in regard to the accused within 3 years from the date of the lodging of FIR the accused should be released forthwith under section 169 Cr
PC 4 If there are other cases in which neither charge sheet have been submitted nor investigation has been completed during the last three years the accused 778 concerned should be released forthwith subject to reinvestigation of the said case on fresh facts and they shall not be arrested without the permission of the Magistrate and where permission is given they would be released by the Magistrate on execution of personal bond
We would like to observe that Section 144 Cr
PC should not be misused and orders under this Section should be passed in the light of principles laid down in at page 169
At the same time we would like to warn Adivasi accused that they should not take the law in their own hands by shooting or using their arrows on Government Officers or other forest officers
If they have any complaint they can move the appropriate authority and get suitable orders from him


Summary:
Code of Criminal Procedure 1973 section 144 and section 169
The writ petitioners brought to the notice of the Court that a very large number of people had been languishing in jails without trial for petty offences
Disposing of the writ petitions  HELD 1 In all cases instituted against the adivasi accused involving sentence of 7 years or more they will be entitled to be released on consideration of merit by the court on executing a personal bond
These cases will be disposed of on merits expeditiously777E 2 In the other cases where trial has already started and which do not come within the first category indicated above the accused will be entitled to be released on bail on executing a personal bond in the absence of very special circumstances777F 3 In cases where no proceedings at all have taken place in regard to the accused within 3 years from the date of the lodging of FIR the accused should be released forthwith under section 169 Cr
PC 777G 4 If there are other cases in which neither change sheet have been submitted nor investigation has been completed during the last three years the accused concerned should be released forthwith subject to reinvestigation of the said cases on fresh facts and they shall not be arrested without the permission of the Magistrate and where permission is given they would be released by the Magistrate on execution of personal bond
777H 778A B 5 Section 144 Cr
PC should not be misused and orders under this Section should be passed in the light of principles laid down in at page 169