VidhiSangh

Supreme Court of India · 24/09/2018

ACHPAL @ RAMSWAROOP & ANOTHER versus STATE OF RAJASTHAN

[2018] 12 S.C.R. 327 · 2018 INSC 856

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Summary

The Supreme Court granted the appellants entitlement to default bail. Although a charge-sheet had been tendered within ninety days, it was returned for non-compliance with the High Court’s direction concerning the investigating officer’s rank, leaving no investigation papers before the Magistrate when the period expired. The accused applied for bail and expressed willingness to furnish it. Recording a prosecutor’s assurance of completion within two months neither extended the statutory period nor supplied power to do so. Release was subject to trial-court conditions, with liberty for arrest or re-arrest on cogent grounds.

Issues

  1. Whether a charge-sheet returned before expiry of the statutory period defeated an accrued claim to default bail.
  2. Whether the High Court’s recording of a prosecutor’s assurance extended the section 167 period.

Provisions considered

Held

Result

Appeal allowed; appellants entitled to default bail on trial-court conditions, with immediate placement before that court. Arrest or re-arrest on cogent grounds remains permissible, with liberty to seek regular bail.

Judgment PDF: Supreme Court of India, [2018] 12 S.C.R. 327.