Default bail even if charge sheet has no valid sanction : SC

Default bail even if charge sheet has no valid sanction : SC

Subject : Polity

Section: Judiciary

Concept :

• Supreme Court held that accused persons would not be entitled to default bail on the ground that the charge sheet filed against them is without the sanction of valid authority.
• The court held that a charge sheet filed without a valid sanction could not be considered an incomplete charge sheet if it was filed well within the time.

Background

• Section 167 of CrPC provides for default bail and permits the release of an accused person on bail if the investigation against them is not completed within requisite time.
• The court was hearing appeals against an order of the Punjab and Haryana High Court that refused to release them on default bail under Section 167(2) of CrPC.

About Default Bail:

• This is a right to bail that accrues when the police fail to complete investigation within a specified period in respect of a person in judicial custody.
• It is also known as statutory bail.
• This is enshrined in Section 167(2) of the Code of Criminal Procedure.
• Supreme Court Judgment:
• In Bikramjit Singh case 2020, the Supreme Court had observed that the accused gets an indefeasible right to ‘default bail’ if he makes an application after the maximum period for investigation of an offence is over, and before a charge sheet is filed.
• Right to default bail under Section 167(2), CrPC not merely a statutory right, but part of procedure established by law under Article 21.
• Underlying Principle:
• In general, the right to bail on the investigation agency’s default is considered an ‘indefeasible right’, but it should be availed of at the appropriate time.
• Default bail is a right, regardless of the nature of the crime.
• The stipulated period within which the charge sheet has to be filed begins from the day the accused is remanded for the first time.
• Under Section 173 of CrPC, the police officer is obligated to file a report after the completion of the necessary investigation of an offence. This report is called the Charge Sheet in common parlance.
• Time Period:
• The issue of default bail arises where it is not possible for the police to complete an investigation in 24 hours, the police produce the suspect in court and seek orders for either police or judicial custody.
• For most offences, the police have 60 days to complete the investigation and file a final report before the court.
• However, where the offence attracts death sentence or life imprisonment, or a jail term of not less than 10 years, the period available is 90 days.
• In other words, a magistrate cannot authorise a person’s judicial remand beyond the 60-or 90-day limit.
• At the end of this period, if the investigation is not complete, the court shall release the person “if he is prepared to and does furnish bail”.
• Special Cases:
• The 60- or 90-day limit is only for ordinary penal law. Special enactments allow greater latitude to the police for completing the probe.
• In the Narcotic Drugs and Psychotropic Substances Act 1985, the period is 180 days, which can be extended up to one year.
• In the Unlawful Activities (Prevention) Act 1967, the default limit is 90 days only, which can be extended to another 90 days.
• This extension can be granted only on a report by the Public Prosecutor indicating the progress made in the investigation and giving reasons to keep the accused in continued detention.
• These provisions show that the extension of time is not automatic but requires a judicial order.