New Delhi: In a landmark judgement, the Supreme Court on Monday held that “default bail” It can be quashed even after the charge sheet has been filed by the investigating agencies, provided there is a strong case for the same.
Default bail is the bail granted to an accused if the investigating agencies fail to file the charge sheet in time.
A bench of Justice MR Shah and Justice CT Ravikumar, while hearing the high-profile Ys, said, “There is no absolute bar that once a person is released on default bail, it is subject to merit and police investigation.” Can’t be canceled on grounds like non-cooperation.” Vivekananda Reddy murder case.
section 167 The Code of Criminal Procedure (CrPC) 1973 has a provision for default bail. The law says that the accused is entitled to bail if the investigating agencies fail to complete their investigation and file the charge sheet within the stipulated period.
Though the law remains silent on the subject, the courts, as a matter of practice, do not cancel the default bail of the accused even after the charge sheet has been filed.
Supreme Court’s decision came on the back of a petition by the Central Bureau of Investigation (CBI), which was seeking cancellation of bail of Era Gangi Reddy, a suspect in the murder of Congress leader YS Vivekananda Reddy.
YS Vivekananda Reddy was the uncle of the present Chief Minister of Andhra Pradesh YS Jagan Mohan Reddy. stabbed to death In March 2019.
The CBI had approached the SC to appeal against the Telangana High Court’s refusal to entertain its application.
In its decision on Monday, the court asked the High Court to hear the CBI’s application on merits.
However, even as it aired the subject, the court held that mere filing of the charge sheet is an insufficient reason for cancellation of bail. Instead, it outlined the grounds on which the court may consider such cancellation.
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What does the law say
Section 167 of the CrPC gives the accused an inalienable right to bail on the lapse of the investigators – this happens when the investigating agency fails to file a charge sheet.
The law states that an arrested person must be produced before a magistrate within 24 hours of arrest. On his behalf, the magistrate will then send a suspect either in police custody or judicial custody.
The law sets a time limit for the investigating agencies to complete their probe – 90 days for offenses punishable with death, life imprisonment or 10 years in jail; and 60 days for other offenses.
However, special laws such as the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) and the Unlawful Activities (Prevention) Act, 1967 (UAPA) provide for an extended period of investigation, even up to one year of detention in the case East too.
It is important to note that this bail, unlike anticipatory bail or regular bail, is not granted on the merits of the case.
,create a sense of urgency
In its judgment on Monday, the SC said that the purpose of section 167 was to ensure that the investigation is completed expeditiously.
“The object and purpose of the provision of section 167(2) CrPC is to give effect to the need for speedy investigation within the stipulated time limit and to prevent laxity in that behalf. The object is to create a sense of urgency and on [the] The court said that the magistrate will release the accused if he is ready and gives bail.
Bail under the section is granted not on the merits of the case, but when the investigating agencies fail to file a charge sheetWithin the stipulated period, the Bench said, if the merits for granting bail are considered insignificant, the investigating agencies may be lethargic.
the court relied on a 1992 Supreme Court decision It was held that default bail cannot be canceled merely on the filing of the charge sheet, it can be done when “strong grounds” are disclosed from the charge sheet.
“Therefore, there is no absolute bar as observed in the judgment and order laid down by the High Court that once a person is released on default bail under Section 167(2) Cr.P.C. cannot be canceled on that ground.” Told.
,Important grounds for considering cancellation’
The court said that in order to set aside the default bail, the merits of the case alone can decide. For this he put the ground of cancellation.
The court said that bail can be canceled only when the defect for which bail was granted in the first place is cured and in case of non-bailable offences, strong reasons are made out against the accused.
Since default bail is not granted on the merits of the case, a court can set aside the same provided strong grounds are made out to “demonstrate a non-bailable offense by the prosecution from the charge sheet”.
The court said that accepting the argument that default bail cannot be canceled would be a “travesty of justice” and may send a message that “investigating officers are hand in glove with the accused”.
“Courts would abhor such an interpretation, as it would result in failure of justice. Courts have the power to cancel bail and examine the merits of the case, where the accused has been released on default bail and the merits- has not been released earlier on the ground of conviction. Such an interpretation would be in furtherance of the administration of justice,” the SC bench said.
Akshat Jain is a student of National Law University, Delhi and interns with ThePrint.
(Edited by Uttara Ramaswamy)
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