The Supreme Court on Monday temporarily suspended application of its recent judgment allowing default bail to accused in cases where probe agencies file chargesheet and reserved the right to file a supplementary one after the Enforcement Directorate sought its recall pointing out that the ruling contrasted with earlier verdicts of the SC.
On April 26, a bench led by Justice Krishna Murari in Ritu Chhabaria case ruled that the right to default bail under Section 167 of criminal procedure code cannot be scuttled by investigating agencies by filing an incomplete chargesheet before the stipulated deadline and then argue that it could file supplementary chargesheet under Section 173(8) of CrPC on completion of probe.
Justice Murari-led two-judge bench had ruled - "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. Such a chargesheet, if filed by an investigating authority without first completing the investigation, would not extinguish the right to default bail."
Appearing for ED, SG Tushar Mehta and additional solicitor general S V Raju said that the ruling would create chaos for probe agencies as on many instances, especially the ED, since investigations into layered money trails continues for a long time and multiple chargesheets are required to be filed in a given case as and when the role of multiple persons gets unearthed in the crime.
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