Case Note & Summary
The Supreme Court of India heard an appeal by the Central Bureau of Investigation (CBI) against a judgment and order dated 30.09.2022 passed by the High Court of Calcutta, which had directed the release of the respondent-accused on statutory default bail under Section 167(2) of the Code of Criminal Procedure, 1908 (CrPC). The background involved an FIR registered by the CBI on 27.11.2020 against officials including the accused for offences under sections 120B/409 of the Indian Penal Code (IPC) and the Prevention of Corruption Act. The accused was arrested on 16.04.2021, granted interim bail which was later cancelled on 08.12.2021 due to non-appearance and non-cooperation, and re-arrested on 11.12.2021. He remained in judicial custody with hospital admissions during periods. On 19.07.2022, the CBI filed a charge sheet and cognizance was taken. Prior to this, the accused had applied for default bail on the ground of non-filing of the charge sheet within 90 days, but the Special Judge rejected it, noting that the detention after bail cancellation was under Chapter XXXIII CrPC, not Section 167(2) CrPC. The High Court, however, granted default bail. The legal issues centered on whether the accused was entitled to default bail after the charge sheet was filed and whether the detention period after bail cancellation counted towards the 90-day limit. The CBI argued that the right to default bail extinguishes upon filing of the charge sheet, and the detention was not under Section 167(2) CrPC. The accused contended entitlement based on the elapsed time. The court analyzed that under Section 167(2) CrPC, the right to default bail is indefeasible if the charge sheet is not filed within the prescribed period, but this right ceases once the charge sheet is filed before the bail application is decided. It further held that detention following cancellation of bail under Chapter XXXIII CrPC does not constitute remand under Section 167(2) CrPC and thus cannot be included in the computation for default bail. The court emphasized that the charge sheet was filed on 19.07.2022, before the High Court's order, thereby extinguishing any right to default bail. Consequently, the Supreme Court allowed the CBI's appeal, quashed the High Court's order granting default bail, and directed that the accused be taken into custody, as the statutory bail was not available after the charge sheet filing.
Headnote
A) Criminal Procedure - Default Bail - Section 167(2) CrPC - Right to statutory bail extinguishes upon filing of charge sheet - Accused applied for default bail on ground of non-filing of charge sheet within 90 days, but charge sheet was filed before the application was decided - Held that right to default bail under Section 167(2) CrPC is not available once charge sheet is filed and cognizance taken, as the right extinguishes at that point (Paras 1-3). B) Criminal Procedure - Bail Cancellation - Chapter XXXIII CrPC - Detention after bail cancellation does not trigger fresh default bail period - Accused's interim bail was cancelled for non-appearance and non-cooperation, leading to re-arrest and detention under warrants - Court reasoned that detention pursuant to cancellation of bail under Chapter XXXIII CrPC is not remand under Section 167(2) CrPC, so it cannot be counted for computing the 90-day period for default bail (Paras 2-3).
Issue of Consideration
Whether the accused is entitled to default bail under Section 167(2) of the Code of Criminal Procedure, 1908 (CrPC) after the charge sheet has been filed and cognizance taken, and whether the period of detention after cancellation of interim bail under Chapter XXXIII CrPC can be counted for computing the 90-day period under Section 167(2) CrPC
Final Decision
Supreme Court allowed the appeal, quashed the High Court order granting default bail, and directed that accused be taken into custody
Law Points
- Statutory bail under Section 167(2) CrPC is an indefeasible right accruing to an accused if charge sheet is not filed within prescribed period
- but this right extinguishes upon filing of charge sheet before bail application is made
- and detention pursuant to cancellation of bail under Chapter XXXIII CrPC does not trigger fresh period for default bail
