Case Note & Summary
The petitioners, Ranganth Tulshiram Galande and Anil Zumbarrao Darekar, were arrested on 07.07.2025 in connection with Crime No. 673 of 2025 registered at Shrigonda Police Station for offences under Sections 316(2), 318(2), 318(4) read with 3(5) of the Bhartiya Nyaya Sanhita (BNS) and Section 3 of the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 (MPID Act). Under Section 187(3) of the Bhartiya Nagarik Suraksha Sanhita (BNSS), the charge-sheet was required to be filed within 60 days, i.e., by 05.09.2025. The police failed to file the charge-sheet within this period. The petitioners applied for default bail before the Sessions Court. Meanwhile, the Investigating Officer submitted an application under Section 316(5) of the BNS seeking extension of the investigation period, on which the court merely recorded the remark 'seen' without passing a reasoned order. The Sessions Court rejected the default bail application. The petitioners then approached the Bombay High Court. The High Court held that the right to default bail accrued upon expiry of 60 days without charge-sheet. The court's mere remark 'seen' on the extension application did not constitute a valid order extending judicial remand as required under Section 187(3) BNSS, which mandates a speaking order recording satisfaction that adequate grounds exist for such extension. Consequently, the High Court allowed the petition, set aside the Sessions Court's order, and directed that the petitioners be released on default bail on such terms and conditions as the Sessions Court may impose.
Headnote
A) Criminal Procedure - Default Bail - Section 187(3) BNSS - Right to default bail accrues upon expiry of prescribed period for filing charge-sheet if not filed - In the present case, charge-sheet was not filed within 60 days from arrest, and the court's mere remark 'seen' on an application under Section 316(5) BNS does not constitute a valid extension order - Held that the petitioners are entitled to default bail (Paras 1-6).
Issue of Consideration
Whether the petitioners are entitled to default bail under Section 187(3) of the BNSS when the charge-sheet was not filed within 60 days and the court merely recorded 'seen' on the application for extension under Section 316(5) BNS without passing a speaking order.
Final Decision
The High Court allowed the petition, set aside the Sessions Court's order dated 09.09.2025, and directed that the petitioners be released on default bail on such terms and conditions as the Sessions Court may impose.
Law Points
- Default bail under Section 187(3) BNSS
- Requirement of speaking order for extension of judicial remand
- Computation of period for default bail
- Applicability of Section 316(5) BNS for extension of investigation period
