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Supreme Court of India · 10/04/2023

QAMAR GHANI USMANI versus THE STATE OF GUJARAT

[2023] 2 S.C.R. 824 · 2023 INSC 337

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Summary

An accused arrested on 29 January 2022 sought default bail under Section 167(2) CrPC on the ground that the first extension of the investigation period, granted on 22 April 2022 within the initial ninety days, was passed in his absence and was therefore no extension in law. He had been informed of the extension the next day, did not challenge it, filed the bail application on 10 May 2022 without disclosing it, and was present when a second extension was granted on 22 May 2022, within which the chargesheet was filed. The Supreme Court held that under Sanjay Dutt and Jigar the accused must be given notice of or be present at the hearing of an extension application, but that on these facts, with two unchallenged extensions subsisting when bail was sought and the chargesheet filed within the extended period, no indefeasible right to default bail arose.

Issues

  1. Whether an accused acquires an indefeasible right to default bail under Section 167(2) CrPC where the first extension of time for investigation was granted in his absence, but he was informed of it the next day, did not challenge it, and a second extension was granted in his presence.

Provisions considered

Held

Result

Appeals dismissed; High Court judgment dated 23.09.2022 refusing statutory bail under Section 167(2) CrPC affirmed; liberty to the accused to apply for regular bail to be considered on its own merits.

Judgment PDF: Supreme Court of India, [2023] 2 S.C.R. 824.