Criminal Procedure Code, 1973
Section 167(2)—Default bail—Entitlement—Without completing 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 CrPC—Such a charge-sheet, if filed by an investigating authority without first completing the investigation, would not extinguish the right to default bail under Section 167(2) of CrPC—Trial court, in such cases, cannot continue to remand an arrested person beyond the maximum stipulated time without offering the arrested person default bail.
[Para 32]
Section 167(2)—Right of default bail—Once an incomplete charge-sheet has been filed, the applicant cannot continue to remain arrested and is entitled to default bail under Section 167(2) CrPC—During the pendency of investigation, supplementary charge-sheets were filed by the Investigation Agency just before the expiry of 60 days, with the purpose of scuttling the right to default bail accrued in favour the accused—Such factual position was missed by the trial court, and instead of offering default bail to the accused, the trial court mechanically accepted the incomplete charge-sheets filed by the Investigating Agency, and further continued the remand of accused beyond the maximum period specified—Investigating Agency and the trial court, thus, failed to observe the mandate of law, and acted in a manner which was manifestly arbitrary and violative of fundamental rights guaranteed to accused—Right of default bail under Section 167(2) of CrPC is not merely a statutory right, but a fundamental right that flows from Article 21 of the Constitution of India—Interim order of bail passed in favour of the accused is made absolute.
[Paras 33 & 34]