"Default Bail" : Supreme Court Spells out the Law

Default Bail" : Supreme Court Spells out the Law

In this recent case, it was argued that "it is only when a chargesheet is not filed and investigation is kept pending, the benefit of the proviso appended to sub-section (2) of Section 167 of the Code of Criminal Procedure, 1973 would be available to the offender, however once the chargesheet is filed, the said right of the accused ceases, and such a right does not revive merely because a further investigation remains pending within the meaning of Section 173(8) of the Code."

It was held that "[t]he benefit of proviso appended to sub-section (2) of Section 167 of the Code would be available to the offender only when a chargesheet is not filed and the investigation is kept pending against him. Once however, a chargesheet is filed, the said right ceases."

"The pendency of the further investigation qua the other accused or for production of some documents not available at the time of filing of chargesheet would neither vitiate the chargesheet, nor would it entitle the accused to claim right to get default bail on the ground that the chargesheet was an incomplete chargesheet or that the chargesheet was not filed in terms of Section 173(2) of Code."


Refer CBI v Kapil Wadhawan [2024] GCtR 274 (SC)

Written by 

Vishal

Delhi

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