Case Note & Summary
The petitioner, Pankaj Sundarlal Yadav, was accused No.7 in Crime No.113/2015 registered at Police Station Gondia for offences under Section 302 read with Section 34 IPC, Section 3 read with Section 25 of the Arms Act, Section 3(2)(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and Section 120B IPC. The incident occurred on 13/06/2015, and the FIR was filed the same day. Initially, the petitioner was granted anticipatory bail by the Bombay High Court on 24/08/2015, but the Supreme Court directed the trial court to hear the regular bail application afresh. The trial court rejected the regular bail application, but the petitioner remained under Supreme Court protection and was not formally arrested. Subsequently, the petitioner's regular bail application was rejected by the High Court on 05/02/2016, after which he surrendered and was arrested on the same day. The investigation also involved the Maharashtra Control of Organised Crime Act, 1999 (MCOCA). The petitioner filed an application for default bail under Section 167(2) CrPC on 09/06/2016, claiming that the charge sheet had not been filed within 90 days of his arrest. The trial court rejected the application on 09/06/2016, and the charge sheet was filed on 11/06/2016. The petitioner challenged the rejection in the High Court. The legal issue was whether the petitioner was entitled to default bail under Section 167(2) CrPC. The petitioner argued that he was arrested on 05/02/2016 and the charge sheet was not filed within 90 days, i.e., by 04/06/2016, and his application for default bail was made before the charge sheet was filed. The respondent argued that the investigation under MCOCA required a longer period and that the charge sheet was filed before the application could be considered. The High Court held that the petitioner's right to default bail accrued on 04/06/2016, and the application filed on 09/06/2016 was before the charge sheet was filed on 11/06/2016. The court rejected the argument that MCOCA extended the period, as no provision was cited. The court held that the right to default bail is a statutory right that becomes indefeasible once the application is made before the charge sheet is filed. The court allowed the petition, set aside the trial court's order, and directed that the petitioner be released on bail on certain conditions.
Headnote
A) Criminal Procedure - Default Bail - Section 167(2) CrPC - Statutory Right - The petitioner, arrested on 05/02/2016, was entitled to default bail as the charge sheet was not filed within 90 days. The application for default bail was made on 09/06/2016, before the charge sheet was filed on 11/06/2016. The court held that the right to default bail is a statutory right that accrues upon expiry of the prescribed period and cannot be defeated by subsequent filing of charge sheet after the application. (Paras 6-10) B) Criminal Procedure - Default Bail - MCOCA - Investigation Period - Section 167(2) CrPC - The fact that investigation was also being conducted under the MCOCA does not extend the 90-day period for filing charge sheet under Section 167(2) CrPC. The court rejected the argument that the period should be 180 days under MCOCA, as no such provision was cited. (Para 9) C) Criminal Procedure - Default Bail - Indefeasible Right - Section 167(2) CrPC - Once the accused files an application for default bail after the expiry of the prescribed period and before the charge sheet is filed, the right to bail becomes indefeasible. The court must release the accused on bail, and the subsequent filing of charge sheet does not affect this right. (Para 10)
Issue of Consideration
Whether the petitioner, accused of offences under IPC, Arms Act, Atrocities Act, and MCOCA, is entitled to default bail under Section 167(2) CrPC when the charge sheet was not filed within 90 days of his arrest and the application for default bail was made before the charge sheet was filed.
Final Decision
The High Court allowed the writ petition, set aside the trial court's order dated 09/06/2016, and directed that the petitioner be released on bail on his executing a personal bond of Rs.25,000/- with one surety of the like amount, subject to conditions including not tampering with evidence, not inducing witnesses, and reporting to the police station once a month.
Law Points
- Default bail under Section 167(2) CrPC is a statutory right that accrues upon expiry of 90 days without filing charge sheet
- investigation under MCOCA does not extend the period
- right to default bail is not defeated by subsequent filing of charge sheet after application
- court must release accused on bail if application is made before charge sheet is filed
