Accused have right to default bail in case where investigation is not completed within time and supplementary chargesheet is filed: Supreme Court

The Hon’ble Division Bench of Supreme Court observed while granting default bail U/s 167 (2) that a supplementary chargesheet, wherein it is explicitly stated that the investigation is still pending, cannot under any circumstance, be used to scuttle the right of default bail.

BRIEF FACTS OF THE CASE

The writ petition under Article 32 of Constitution of India was filed for seeking a release of husband/accused on default bail on the ground of personal liberty. an FIR was lodged under Section 120(B) read with Section 420 of the Indian Penal Code, 1860 (for short, ‘IPC’) along with Sections 7,12 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988, wherein the writ petitioner’s husband was not named. Multiple Chargesheet were filed in which also the husband of the petitioner was not named. In one of the Chargesheet he was the prosecution witness. The investigation was transferred to different officer and the he filed another supplementary chargesheet and in that the husband was named as suspect, he was then arrested and his remand was extended time to time denying his right to default bail. However, he was granted an interim bail.

CONTENTION OF PETITIONER

The learned counsel for petitioner made two contention :-

1. The investigation is still pending, and in light of the same the trial court ought not to have issued process and remanded the petitioner’s husband under Section 309 Cr.PC.
2. Accused’s fundamental rights are in prejudice due to continued custody on grounds of investigation not being completed. It was argued that the provisions of the CrPC do not empower continued remand to custody beyond 60 days if the investigation is still in progress. For this, the learned counsel relied on the judgment in the case of M. Ravindran Vs. The Intelligence Officer, Directorate of Revenue Intelligence ((2021) 2 SCC 485)

CONTENTION OF THE STATE

Learned counsel for the opp. Parties objected the petitioner on following grounds

1. The present writ is not maintainable, and for the grant of bail, the accused herein should have either approached the High Court or filed an Special Leave Petition .
2. The supplementary chargesheet filed on 25.06.2022 is a complete document in respect to the offence committed by the persons arraigned in the said supplementary chargesheet, therefore no right to default bail has been accrued in favor of the petitioner’s husband.

HON’BLE COURT’s OBSERVATIONS

The Hon’ble Division Bench comprising of Hon’ble Mr. Justice Krishna Murari and Hon’ble Mr. Justice C.T. Ravikumar initially framed 3 issues for consideration of the bench

“9. In light of the abovementioned arguments raised by the learned counsel for the parties, the following three issues arise for our consideration:-

1. Can a chargesheet or a prosecution complaint be filed in piecemeal without first completing the investigation of the case?
2. Whether the filing of such a chargesheet without completing the investigation will extinguish the right of an accused for grant of default bail?

III. Whether the remand of an accused can be continued by the trial court during the pendency of investigation beyond the stipulated time as prescribed by the CrPC?”

Hon’ble Division Bench while not going into merits of the case and hearing it on the foremost issue of personal liberty of the accused observed that :-

“21…….. Section 167(2) of the Cr.PC was enacted to ensure that the investigating agency completes the investigation within the prescribed time limit, failing which no accused could be detained if they are willing to avail bail. This position was also laid emphasis on by a three-judge bench of this Court in the case of M. Ravindran Vs. Directorate Of Revenue Intelligence (Supra), the relevant paragraphs of the same are being reproduced hereunder:

“The suggestion made in Report No. 14 was reiterated by the Law Commission in Report No. 41 on The Code of Criminal Procedure, 1898 (Vol. I, 1969, pp. 76-77). The Law Commission re-emphasised the need to guard against the misuse of Section 344 of the 1898 Code by filing “preliminary reports” for remanding the accused beyond the statutory period prescribed under Section 167. It was pointed out that this could lead to serious abuse wherein “the arrested person can in this manner be kept in custody indefinitely while the investigation can go on in a leisurely manner”. Hence the Commission recommended fixing of a maximum time-limit of 60 days for remand.

It was in this backdrop that Section 167(2) was enacted within the present day CrPC, providing for time-limits on the period of remand of the accused, proportionate to the seriousness of the offence committed, failing which the accused acquires the indefeasible right to bail.”

The Hon’ble Division Bench while examining the scope of Supplementary Chargesheet, observed that :

“24.This right of statutory bail, however, is extinguished, if the charge sheet is filed within the stipulated period. The question of resorting to a supplementary chargesheet u/s 173(8) of the Cr.PC only arises after the main chargesheet has been filed, and as such, a supplementary chargesheet, wherein it is explicitly stated that the investigation is still pending, cannot under any circumstance, be used to scuttle the right of default bail, for then, the entire purpose of default bail is defeated, and the filing of a chargesheet or a supplementary chargesheet becomes a mere formality, and a tool, to ensue that the right of default bail is scuttled”

In view of the above, the Hon’ble court while granting the default bail to accused, answered the issues framed by them as under:-

1. Without completing the investigation of a case, a chargesheet 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.
2. Such a chargesheet, if filed by an investigating authority without first completing the investigation, would not extinguish the right to default bail under Section 167(2) CrPC.

III. 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.

Article & Sections involved:-

• Article 21 – Right to life and personal Liberty
• Article 32 – Right to constitutional remedies
• Section 167 (2) Cr.P.C.- Procedure when investigation cannot be completed in 24 hours
• Section 309 (2) Cr.P.C.- Remand of an accused

Case Title :- Ritu Chhabaria Vs. Union of India

Case no. :- Writ Petition (Criminal) no. 60 of 2023

Order date :- 26.04.2023