Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2023 (5) TMI HC This

  • Login
  • Cases Cited
  • Referred In
  • Summary

Forgot password       New User/ Regiser

⇒ Register to get Live Demo



 

2023 (5) TMI 1260 - HC - Indian Laws


Issues Involved:

1. Quashing and/or cancellation of default bail.
2. Completeness of the chargesheet.
3. Interpretation of Section 167(2) Cr.P.C.
4. Rights under Article 21 of the Constitution.

Summary:

1. Quashing and/or cancellation of default bail:
The petitioner CBI sought quashing and/or cancellation of the order dated 03.12.2022, wherein the Ld. Spl. Judge granted default bail under Section 167(2) Cr.P.C to the respondents. The CBI argued that once a chargesheet is filed within the stipulated time, the accused is no longer entitled to default bail. The respondents contended that the chargesheet was incomplete, thus entitling them to statutory bail.

2. Completeness of the chargesheet:
The chargesheet filed on 15.10.2022 against the respondents and others was within the 90-day period. However, it was argued that the chargesheet was incomplete as further investigation under Section 173(8) Cr.P.C. was still ongoing. The Ld. Special Judge noted that the chargesheet did not disclose complete investigation, and thus the respondents were entitled to mandatory bail. The court emphasized that filing an incomplete chargesheet cannot deprive the accused of statutory bail.

3. Interpretation of Section 167(2) Cr.P.C.:
Section 167(2) Cr.P.C. mandates that if the investigation is not completed within 60/90 days, the accused shall be released on bail. The court held that the term "completion of investigation" is crucial, and merely filing a report without completing the investigation does not fulfill the legislative intent of Section 167(2). The court observed that the chargesheet must contain sufficient evidence to enable the court to take cognizance of the offence.

4. Rights under Article 21 of the Constitution:
The court reiterated that personal liberty is a fundamental right under Article 21 of the Constitution. It emphasized that the provisions of Cr.P.C., particularly Section 167(2), are designed to protect the rights of individuals against the might of the State. The court held that the right to statutory bail is an indefeasible right if the investigation is not completed within the stipulated time.

Conclusion:
The court upheld the order dated 03.12.2022 passed by the Ld. Special Judge, granting default bail to the respondents. It dismissed the petition filed by the CBI, stating that the chargesheet filed was incomplete and did not meet the requirements of Section 167(2) Cr.P.C. The court emphasized the need to protect the fundamental rights of the accused and ensure strict compliance with procedural laws.

 

 

 

 

Quick Updates:Latest Updates