Right to Default Bail not Defeated by subsequent filing of Chargesheet,

  

 

The Allahabad High Court has observed that so long as an application has been made for default bail on expiry of the stated period before time is further extended to the maximum period of 180 days, default bail, being an indefeasible right of the accused under the first proviso to Section 167(2), kicks in and must be granted.

Brief Facts of the Case

An application under Section 482 Cr.P.C. is filed before the High Court to quash/ set aside the order passed in connection with default bail application filed under Section 167(2) Cr.P.C.

 An FIR was lodged by informant Naveen Kumar Jaiswal against three unknown motorcycle riders under Section 397 and 302 IPC with regard to loot and murder. During the course of investigation, the name of the applicant came into the light. He moved an application for surrender and on the basis of police report, the applicant surrendered and was taken into judicial custody and sent to jail.

Learned counsel for the applicant contended that even after completion of 90 days from the first date of judicial remand, the Investigating Officer has not filed a police report under Section 173(2) Cr.P.C. against the applicant. Afterwards the applicant has applied for default bail under Section 167 (2) Cr.P.C.

 

The Chief Judicial Magistrate passed an order and called a report from the Additional Public Prosecutor. APP filed two reports. In the intervening time of two reports of the Additional Public Prosecutor, the Investigating Officer has enough time to submit a charge-sheet in the case against the applicant.

The Chief Judicial Magistrate heard and rejected the default bail application of the applicant-accused.

High Court’s Observation

 

In this case the Court observed that “charge-sheet has been submitted after statutory period of 90 days and before filing of charge- sheet, the accused has moved application for bail. Subsequent filing of chargesheet will not defeat the indefeasible right accrued to the applicant-accused. Learned Magistrate has failed to appreciate the facts and law on the point and order passed by learned Magistrate is against the law.”

So long as an application for grant of default bail is made on expiry of the period of 90 days (which application need not even be in writing) before a charge sheet is filed, the right to default bail
becomes complete.

The present application was allowed and the impugned order passed by Chief Judicial Magistrate, is quashed. 

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(With input from news agency language)

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