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
- Whether the pandemic limitation-extension order enlarged the period governing default bail.
- Whether lockdown restrictions could justify denying the accrued right to release.
- Whether a coordinate Bench could depart from the earlier contrary decision.
Provisions considered
- Section 167(2), proviso (a), Code of Criminal Procedure, 1973The prescribed maximum custody period and accrued default-bail entitlement were unaffected by the limitation-extension order. (¶¶ 10, 11, 12, 13, 14, 17, 18, 26)
Held
- The limitation-extension order protected litigants unable to physically file proceedings. It did not extend the police charge-sheet period under section 167(2), and investigators could file before the Magistrate during lockdown. (¶¶ 15, 16, 17)
- The prosecution could continue investigation and file a charge-sheet after the prescribed period, but could not defeat an accused’s accrued default-bail entitlement by invoking pandemic difficulties. The limitation order was never intended to curtail statutory safeguards for personal liberty. (¶¶ 11, 12, 13, 14, 18, 25, 26)
- Equating lockdown with a constitutional Emergency was erroneous. The constitutional protection of personal liberty and the amended Article 359 exclusion of Articles 20 and 21 reinforced the rejection of that reasoning. (¶¶ 19, 22, 23, 24, 25)
- A coordinate Bench disagreeing with an earlier coordinate decision must refer the question to a larger Bench rather than decide inconsistently. The contrary approach and uncharitable comments on the earlier judgment were strongly disapproved. (¶¶ 27, 28, 29, 30, 31, 32, 33)
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.