Summary
The CBI’s chargesheet filed within the statutory period contained the prescribed information against the accused, although further investigation into other accused and issues continued. The Court held that the pending investigation did not make the chargesheet incomplete or entitle the accused to default bail, and set aside the orders granting bail.
Issues
- Whether a timely chargesheet against the accused is incomplete for default-bail purposes because investigation continues into other accused or issues.
- Whether the accused retained a right to default bail after the Special Court took cognizance on the chargesheet.
Provisions considered
- Section 167(2), Code of Criminal Procedure, 1973The statutory default-bail right is enforceable when the investigation is not completed within the prescribed period, but does not remain enforceable after a chargesheet is filed if the right was not availed before filing. The Court found the timely report against these accused sufficient. (¶¶ 6, 13, 14, 15, 25)
- Sections 173(2) and 173(8), Code of Criminal Procedure, 1973A police report containing the prescribed information can be complete as to the accused it charges even while further investigation continues. Such further investigation does not invalidate the report or entitle those accused to default bail merely because other accused or issues remain under investigation. (¶¶ 14, 21, 22, 23, 24, 25)
- Article 21, Constitution of IndiaThe Court reiterated that the default-bail right under Section 167(2) also flows from Article 21, while holding that it was unavailable after the timely chargesheet was filed in this case. (¶ 15)
Held
- The right to default bail under Section 167(2), though an indefeasible statutory right rooted in Article 21, is enforceable only before a chargesheet is filed if the accused has not already availed it. (¶ 15)
- A timely chargesheet that supplies the prescribed information against the accused is not incomplete merely because further investigation continues into other accused or issues. Further investigation under Section 173(8) does not invalidate the chargesheet or confer a default-bail right on the accused charged in it. (¶¶ 21, 22, 23, 24, 25)
- Because the chargesheet was filed within the prescribed period and the Special Court had taken cognizance of the offences alleged against these respondents, pending investigation into other accused did not entitle them to default bail. (¶¶ 18, 19, 23, 25)
Result
The appeal was allowed and the orders granting default bail were set aside. The respondents were to be taken into custody if released under those orders; the judgment was not to influence any other pending proceedings on their merits.