Case Note & Summary
The petitioner, Smt. C. Bharathi, was arrested in multiple cases under Section 138 of the Negotiable Instruments Act, 1881, for cheque dishonour. She was remanded to judicial custody on various dates. In Criminal Petition No.705/2020, she was remanded on 04.02.2017 in C.C.No.26313/2015; in Criminal Petition No.1062/2020, she was remanded on 21.07.2017 in C.C.No.976/2016; and similarly in other connected petitions. The petitioner filed applications for default bail under Section 167(2) Cr.P.C. before the respective Magistrates, claiming that the investigation was not completed within 60 days from the date of first remand. The Magistrates rejected the applications on the ground that charge sheets were filed subsequently, after the applications were made but before they were considered. The petitioner then approached the High Court under Section 482 Cr.P.C. seeking a direction to the prison authorities to release her. The High Court considered the legal issue of whether the right to default bail under Section 167(2) Cr.P.C. is an indefeasible right that accrues on the expiry of the prescribed period and cannot be defeated by the subsequent filing of charge sheet. The court relied on the principle that once the period of 60 days expires without charge sheet, the accused acquires an indefeasible right to bail, and the subsequent filing of charge sheet does not extinguish that right. The court held that the Magistrates erred in rejecting the applications. Accordingly, the High Court allowed all the criminal petitions and directed the Chief Superintendent of Central Prison, Parappana Agrahara, to release the petitioner forthwith in all the connected cases, subject to her furnishing bail bonds and surety as per the orders of the respective trial courts.
Headnote
A) Criminal Procedure Code - Default Bail - Section 167(2) Cr.P.C. - Indefeasible Right - The petitioner was arrested and remanded to judicial custody in multiple cheque dishonour cases. The investigation was not completed within 60 days from the date of first remand. The petitioner filed applications for default bail before the charge sheet was filed. The Magistrate rejected the applications on the ground that charge sheet was filed subsequently. The High Court held that the right to default bail under Section 167(2) Cr.P.C. is an indefeasible right which accrues on the expiry of the prescribed period and cannot be defeated by the subsequent filing of charge sheet after the application is made but before it is considered. The court directed the release of the petitioner on bail in all connected cases. (Paras 1-10) B) Criminal Procedure Code - Inherent Powers - Section 482 Cr.P.C. - Enforcement of Default Bail - The High Court, exercising its inherent powers under Section 482 Cr.P.C., can direct the release of an accused who has completed the prescribed period of remand without charge sheet being filed, even if the charge sheet is filed later. The court held that the indefeasible right to default bail must be enforced to prevent miscarriage of justice. (Paras 8-10)
Issue of Consideration
Whether the petitioner is entitled to default bail under Section 167(2) Cr.P.C. when the investigation was not completed within 60 days from the date of first remand, and whether the subsequent filing of charge sheet after the application for default bail but before the order can defeat the indefeasible right.
Final Decision
The High Court allowed all the criminal petitions and directed the Chief Superintendent of Central Prison, Parappana Agrahara, to release the petitioner forthwith in all the connected cases, subject to her furnishing bail bonds and surety as per the orders of the respective trial courts.
Law Points
- Default bail under Section 167(2) Cr.P.C.
- Indefeasible right to default bail
- Computation of 60-day period from date of remand
- Right to default bail not defeated by subsequent filing of charge sheet after application but before order
- Section 482 Cr.P.C. inherent powers to enforce default bail
