Case Note & Summary
The appellant, an accused in a criminal case, was arrested on 29 January 2022. Under Section 167(2) of the Code of Criminal Procedure, 1973 (CrPC), the investigation was required to be completed within 90 days, i.e., by 29 April 2022. On 22 April 2022, the Investigating Officer sought an extension of time, which was granted by the Trial Court without the accused being produced before the Magistrate. The accused was informed of the extension on 23 April 2022. On 10 May 2022, the accused filed a default bail application, arguing that the first extension was invalid because it was granted in his absence, and therefore he had acquired a right to default bail upon expiry of the 90-day period. The Trial Court rejected the application. Meanwhile, on 22 May 2022, a second extension was granted in the presence of the accused. The accused appealed to the High Court of Gujarat, which dismissed the appeals. The Supreme Court granted leave and heard the matter. The appellant argued that the Division Bench of the High Court had relied on a judgment that was subsequently set aside by the Supreme Court in Jigar alias Jimmy Pravinchandra Adatiya v. State of Gujarat. The Supreme Court held that the first extension granted without the accused's presence was invalid, and therefore the accused acquired an indefeasible right to default bail on 10 May 2022. The subsequent extension on 22 May 2022 could not defeat that right. The court allowed the appeals, set aside the impugned judgment, and directed the release of the accused on bail subject to conditions imposed by the Trial Court.
Headnote
A) Criminal Procedure - Default Bail - Section 167(2) CrPC - Extension of Investigation - The accused was arrested on 29.01.2022; the 90-day period expired on 29.04.2022. The first extension granted on 22.04.2022 was without the accused being present. The Supreme Court held that the first extension was invalid, and the accused acquired a right to default bail on 10.05.2022. The subsequent extension on 22.05.2022 in the accused's presence could not defeat the already accrued right. (Paras 1-3) B) Criminal Procedure - Right to Default Bail - Indefeasible Right - Section 167(2) CrPC - Once the period of 90 days expires without a valid extension, the accused acquires an indefeasible right to default bail, which cannot be extinguished by a later extension. The court directed the release of the accused on bail subject to conditions. (Paras 3-4)
Issue of Consideration
Whether the first extension of time to complete investigation granted under Section 167(2) CrPC without the accused being produced before the Magistrate is valid, and whether the accused thereby acquires an indefeasible right to default bail.
Final Decision
Appeals allowed. Impugned judgment set aside. Accused directed to be released on bail subject to conditions imposed by Trial Court.
Law Points
- Default bail under Section 167(2) CrPC
- Extension of investigation period
- Presence of accused during extension
- Right to default bail accrues on expiry of 90 days without valid extension
