Without Completing Investigation, Charge Sheet Cannot Be Filed Only To Deprive Accused Default Bail: Supreme Court

Without Completing Investigation, Charge Sheet Cannot Be Filed Only To Deprive Accused Default Bail: Supreme Court

In an important verdict Hon’ble Supreme Court observed that, “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 CrPC.”

Section 167 of Criminal Procedure Code, 1973 deals with “Procedure when investigation cannot be completed in twenty four hours.” Sub-Section 2(a) read as follows:

“…no Magistrate shall authorize the detention of the accused person in custody under this paragraph for a total period exceeding:

(i)…

(ii) sixty days, where the investigation relates to any other offence, and, on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall be released on bail if he is prepared to and does furnish bail

The Supreme Court bench consisting of Justices  Krishna Murari and C T Ravikumar said, “The trial court, in such cases, cannot continue to remand an arrested person beyond the maximum stipulated time without offering the arrested person default bail…”

The bench further observed that, “If this Court refuses to exercise its jurisdiction on technicalities in cases of violations of fundamental rights, it will lead to a ripple effect that will result in a dysfunctional social contract, wherein the people of this country would become subject to an arbitrary and unfettered tyranny of the state…”

The apex Court exhorted that certain checks and balances upon investigation agencies  is important.

The above judgement arrived on a plea filed by  Ritu Chhabria, looking for bail of her husband.

Case: Ritu Chhabaria Vs. Union Of India & Ors.  Writ Petition (Criminal) No. 60/2023

Read The Complete Judgment Here