Case Note & Summary
The petitioners were arrested in connection with Crime No.172/2015 registered at Police Station Ajni, Nagpur for offences under Sections 307, 143, 144, 147, 148, 149, 294, 427 of the Indian Penal Code and Sections 3, 4, 25, 27 of the Arms Act. The incident occurred on 28th May 2015. The petitioners were produced before the learned Special Judge designated under the Maharashtra Control of Organized Crime Act, 1999 (MCOC Act) and were remanded to police custody. The investigation was not completed within 90 days from the date of first remand. The petitioners filed applications under Section 167(2) of the Code of Criminal Procedure, 1973 (CrPC) before the Special Judge seeking default bail on the ground that the charge sheet was not filed within the prescribed period. The Special Judge rejected the applications and directed that the remand papers be transmitted to the Court of Additional Chief Judicial Magistrate for further proceedings. The petitioners also filed applications under Section 167(2) CrPC before the Additional Chief Judicial Magistrate, which were also rejected. The petitioners challenged these orders by filing two writ petitions before the Bombay High Court. The High Court held that the right to default bail under Section 167(2) CrPC is an indefeasible right that accrues upon expiry of the prescribed period if the charge sheet is not filed. The court noted that the petitioners had filed their applications for default bail before the charge sheet was submitted. The court further held that the Special Court under the MCOC Act has exclusive jurisdiction to try offences under that Act, but for the purpose of remand and default bail, the Special Court cannot extend the period of police custody beyond 90 days. The court allowed the writ petitions, set aside the orders of the Special Judge and the Additional Chief Judicial Magistrate, and directed that the petitioners be released on bail on such terms and conditions as the Special Judge may deem fit.
Headnote
A) Criminal Procedure - Default Bail - Section 167(2) CrPC - Indefeasible Right - The right to default bail under Section 167(2) CrPC accrues upon expiry of the prescribed period (90 days for offences punishable with death, life imprisonment, or imprisonment for not less than 10 years) if investigation is not completed and charge sheet not filed. This right is indefeasible and cannot be defeated by subsequent filing of charge sheet after the accused has applied for bail. The court must release the accused on bail if they are prepared to furnish bail. (Paras 1-10) B) Criminal Procedure - Jurisdiction - MCOC Act - Special Court - The Special Court designated under the Maharashtra Control of Organized Crime Act, 1999 has exclusive jurisdiction to try offences under that Act. However, for the purpose of remand and default bail under Section 167(2) CrPC, the Special Court cannot extend the period of police custody beyond 90 days. Once the charge sheet is not filed within 90 days, the accused is entitled to default bail. (Paras 2-10) C) Criminal Procedure - Default Bail - Application - Timing - The application for default bail under Section 167(2) CrPC must be filed before the charge sheet is submitted. If the accused files an application for default bail after the expiry of the prescribed period but before the charge sheet is filed, the right to default bail crystallizes and cannot be defeated by subsequent filing of charge sheet. (Paras 5-10)
Issue of Consideration
Whether the petitioners are entitled to default bail under Section 167(2) of the Code of Criminal Procedure, 1973 when the charge sheet was not filed within 90 days of their first remand and the applications for default bail were filed before the charge sheet was submitted.
Final Decision
The High Court allowed the writ petitions, set aside the orders of the Special Judge and the Additional Chief Judicial Magistrate, and directed that the petitioners be released on bail on such terms and conditions as the Special Judge may deem fit.
Law Points
- Default bail under Section 167(2) CrPC is an indefeasible right if charge sheet not filed within prescribed period
- Right to default bail cannot be defeated by subsequent filing of charge sheet after application
- Special Court under MCOC Act has exclusive jurisdiction to try offences under that Act but not to extend police custody beyond 90 days
