Keywords: bail, Cr.P.C, section 167, charge sheet
To scutt the scope of default bail, charges must not be brought before an investigation has been completed said Supreme Court in its recent judgement. The Court of Justices Krishna Murari and CT Ravikumar pointed out that the right of default bail was not only a statutory right, but a fundamental right deriving from Article 21 of the Constitution. On Wednesday, Supreme Court said that in order to remove the defendant from default bail it is not possible for an investigating agency to file a charge sheet in court without completing its investigation. In accordance with section 167 of the Criminal Procedure Code Cr.P.C, if the investigating agency does not submit a charge sheet within 60 days of the date of arrest, the accused shall be entitled to default bail. The prescribed time limit can be prolonged by 90 days in respect of certain categories of offences.
“Without completing the investigation of a case, a charge sheet or prosecution complaint cannot be filed by an investigating agency only to deprive an arrested accused of his right to default bail under Section 167(2) of the Cr.P.C,” a bench of Justices Krishna Murari and C T Ravikumar said.[1]
It said that the right to a default bail would not be terminated if such a charge sheet was filed by an investigating authority before it had completed its investigation. Further the bench said that in these circumstances, the trial court may not continue to hold an arrested person in custody beyond the prescribed time limit unless it offers him default bail. It stated that the same can be used as justification for prolonging judicial detention and ensuring infringement of fundamental rights guaranteed to accused persons if it is found that charges are filed without a completion of an investigation.
The court’s judgment was delivered in the case of Ritu Chhabria vs Union of India, who had made a plea for her husband to be released on bail[2]. The incomplete charge sheets lodged by the Investigative Authority were mechanically accepted, and further extension of the suspect’s detention beyond the stipulated time limit was continued.
In addition, the Supreme Court dismissed the Centre’s preliminary objection, which stated that the present plea cannot be maintained before the Court on the ground that no relief can be granted at such an early stage of the investigation. The Court notes that the Supreme Court was designated by the Constitution to have the most important role of safeguarding individuals’ constitutional rights and societies as a whole.
The Bench also said that if this Court refuses to exercise its jurisdiction on technicalities in cases of violations of fundamental rights, there’ll be a ripple effect which leads to an unstable social contract, wherein the people of this country would become subject to an arbitrary and unfettered tyranny of the state[3].
Having regard to our belief that arrest and custody are essential for the smooth functioning of an investigation agency in order to achieve justice, but also taking into account the fact that there was a power imbalance between them, the Supreme Court noted it must be borne in mind.
In order to prevent harassment of accused persons, the Supreme Court points out that it is necessary to place certain checks and balances on the investigating agency.
Aditya a student of ILSR, GLA University, Mathura, 2nd Semester, an intern under Legal Vidhiya
[3] ECONOMIC TIMES, https://economictimes.indiatimes.com/news/politics-and-nation/probe-agency-cant-file-charge-sheet-without-completing-investigation-to-deny-default-bail-to-accused-sc/articleshow/99796379.cms?from=mdr (last visited on 1st May, 2023).
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