The Bombay High Court resolves conflicting views on whether the right to default bail under Section 167(2) CrPC applies to an accused arrested post-filing of the charge sheet and whether remand in such cases falls under Section 167 or Section 309 CrPC.

The court emphasizes that the right to default bail is a constitutional safeguard linked to personal liberty under Article 21 and must be interpreted to ensure protection against arbitrary detention, even in cases of further investigation under Section 173(8) CrPC.

1. Case Introduction
   The applicant, Sunil Vitthal Wagh, arraigned in a murder case involving organized crime under the MCOCA, sought default bail under Section 167(2) CrPC after being arrested post-charge sheet filing.

2. Conflicting Decisions Prompting Reference
   The referral stems from divergent views in earlier cases—Justice S.C. Dharmadhikari held that filing a charge sheet extinguishes the right to default bail, while Justice S.B. Shukre emphasized its continuance until supplementary charge sheet filing for an absconding accused.

3. Applicant’s Arrest and Proceedings
   Wagh, shown as absconding in the initial charge sheet, was arrested three years later and applied for default bail. His application was denied by the Special Court on grounds that the statutory period for investigation elapsed only with the supplementary charge sheet.

4. Legal Issues Presented
   (a) Whether post-arrest investigation is fresh or further investigation under Section 173(8).
   (b) Whether the applicant’s custody should be governed by Section 167 or Section 309 CrPC.

5. Arguments and Precedents Cited
   Both sides invoked precedents including Pradeep Ram v. State of Jharkhand, Dinesh Dalmia v. CBI, and others to highlight the scope and constitutional underpinning of the right to default bail.

Acts and Sections Discussed:

1. Indian Penal Code (IPC): Sections 120B, 302, 303, 201, 143, 147, 148, and 149.
2. Criminal Procedure Code (CrPC): Sections 167(2), 173(8), and 309(2).
3. Maharashtra Control of Organized Crime Act (MCOCA), 1999: Sections 3(1)(i)(ii), 3(2), and 3(4).
4. Arms Act, 1959: Sections 3, 4, 5, 25, and 27.
5. Maharashtra Police Act, 1951: Section 135.

Ratio Decidendi:

The court resolved that:

• Default bail under Section 167(2) remains an indefeasible right until a valid charge sheet or supplementary charge sheet is filed.
• Subsequent arrests during further investigation entitle the accused to protection under Section 167(2), as the stage of remand under Section 309(2) applies only post-cognizance and during inquiry or trial.

Subjects:

Criminal Law, Bail Rights, Procedural Safeguards, Organized Crime

Default Bail, Section 167 CrPC, Article 21, Further Investigation, Judicial Interpretation