VidhiSangh

Supreme Court of India · 19/06/2020

S. KASI versus STATE THROUGH THE INSPECTOR OF POLICE SAMAYNALLUR POLICE STATION MADURAI DISTRICT

[2020] 5 S.C.R. 277 · 2020 INSC 439

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Summary

The Supreme Court’s 23 March 2020 extension of limitation for court proceedings did not extend the period governing default bail under section 167(2) CrPC. Pandemic restrictions could not defeat the accused’s accrued right to release for non-filing of the charge-sheet within the prescribed period. The contrary High Court judgment also breached coordinate-Bench discipline. The appellant was ordered released on default bail on a Rs.10,000 personal bond with two sureties.

Issues

  1. Whether the pandemic limitation-extension order enlarged the period governing default bail.
  2. Whether lockdown restrictions could justify denying the accrued right to release.
  3. Whether a coordinate Bench could depart from the earlier contrary decision.

Provisions considered

Held

Result

Appeal allowed; High Court judgment set aside. Appellant directed to be released on default bail on a personal bond of Rs.10,000 with two sureties to the trial court’s satisfaction.

Judgment PDF: Supreme Court of India, [2020] 5 S.C.R. 277.