Case Note & Summary
The Supreme Court allowed the appeal of Shaurya Sunil Kumar Singh against the dismissal of his default bail plea by the Bombay High Court. The appellant was arrested on 13.07.2025 by the CBI in connection with FIR No. RC0682025E0004 dated 04.07.2025 registered under Sections 61(2) read with 318, 336, 340 of the Bharatiya Nyaya Sanhita, 2023, Section 7 of the Prevention of Corruption Act, 1988, and Section 66 of the Information Technology Act, 2000. The case involved a cyber fraud where mule accounts were used to launder proceeds of crime. The appellant was alleged to have provided logistical support to the main accused, Sudhir Palande. The appellant was produced before the Special Judge, CBI, Nagpur on 14.07.2025 and remanded to custody. The 60-day period under Section 187(2) of the BNSS expired on 11.09.2025. The appellant filed a default bail application on 12.09.2025, which was rejected by the Special Judge on 15.09.2025. The High Court dismissed the appeal on 06.02.2026. The Supreme Court held that the 60-day period is to be computed from the date of first remand, i.e., 14.07.2025, and since the investigation was not completed within that period, the appellant was entitled to default bail. The Court set aside the impugned order and directed the appellant's release on bail on such terms as the Special Judge may impose.
Headnote
A) Criminal Procedure - Default Bail - Section 187(2) BNSS - Entitlement to default bail when investigation not completed within 60 days from first remand - The appellant was arrested on 13.07.2025 and produced before the Special Judge on 14.07.2025 for first remand. The 60-day period expired on 11.09.2025. Since the investigation was not completed within that period, the appellant became entitled to default bail. The High Court erred in dismissing the plea. Held that default bail is a statutory right and must be granted if the conditions of Section 187(2) BNSS are satisfied (Paras 6-12).
Issue of Consideration
Whether the appellant is entitled to default bail under Section 187(2) of the BNSS as the investigation was not completed within 60 days from the date of first remand.
Final Decision
Appeal allowed. Impugned order set aside. Appellant directed to be released on bail on such terms as the Special Judge may impose.
Law Points
- Default bail
- Section 187(2) BNSS
- 60-day period
- investigation not completed
- right to default bail
- statutory period from date of first remand
- CBI
- cyber fraud
- mule accounts
Case Details
2026 LawText (SC) (01) 203
Criminal Appeal No. ____ of 2026 (@ SLP (Crl.) No. 4333 of 2026)
Shaurya Sunil Kumar Singh
Central Bureau of Investigation
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Nature of Litigation
Criminal appeal against dismissal of default bail plea
Remedy Sought
Default bail under Section 187(2) BNSS
Filing Reason
Investigation not completed within 60 days from first remand
Previous Decisions
Special Judge, CBI, Nagpur rejected default bail on 15.09.2025; Bombay High Court dismissed appeal on 06.02.2026
Issues
Whether the appellant is entitled to default bail under Section 187(2) BNSS as investigation not completed within 60 days from first remand.
Submissions/Arguments
Appellant argued that 60-day period under Section 187(2) BNSS expired on 11.09.2025 and investigation not completed, hence entitled to default bail.
Respondent CBI argued that the period should be computed from date of arrest (13.07.2025) and that the appellant was not entitled to default bail.
Ratio Decidendi
The 60-day period under Section 187(2) BNSS for default bail is to be computed from the date of first remand, not from the date of arrest. Since the investigation was not completed within 60 days from the first remand, the appellant is entitled to default bail as a statutory right.
Judgment Excerpts
Leave granted.
The present appeal has been preferred against the impugned judgment and order dated 06.02.2026 in CRA No. 475 of 2025 passed by the High Court of Judicature at Bombay, whereby the plea of the appellant - accused for default bail came to be dismissed.
The appellant was taken into custody on 13.07.2025 at CBI Office, Nagpur. On the same day, he was presented before Special Judge, CBI, Nagpur and transit remand was obtained.
The 60-day period under Section 187(2) BNSS expired on 11.09.2025.
Since the investigation was not completed within the statutory period of 60 days, the appellant became entitled to default bail.
Procedural History
FIR registered on 04.07.2025. Appellant arrested on 13.07.2025, produced before Special Judge on 14.07.2025 for first remand. Default bail application filed on 12.09.2025, rejected on 15.09.2025. Appeal to High Court dismissed on 06.02.2026. SLP filed, leave granted, appeal allowed by Supreme Court.
Acts & Sections
- Bharatiya Nyaya Sanhita, 2023: 61(2), 318, 336, 340
- Prevention of Corruption Act, 1988: 7
- Information Technology Act, 2000: 66
- Bharatiya Nagarik Suraksha Sanhita, 2023: 187(2)
