Case Note & Summary
The Union of India filed writ appeals against an order of a learned Single Judge granting default bail to the respondents under Section 167(2) of the Code of Criminal Procedure, 1973 (CrPC) read with Section 43D(2)(b) of the Unlawful Activities (Prevention) Act, 1967 (UAPA). The respondents were arrested in connection with offences under the UAPA and were remanded to custody. The investigation was not completed within 90 days from the date of first remand. The respondents applied for default bail under Section 167(2) CrPC, which provides that if the investigation is not completed within the prescribed period, the accused is entitled to be released on bail. The learned Single Judge allowed the bail applications, holding that the right to default bail had accrued. The Union of India appealed, arguing that the charge sheet was filed before the bail applications were heard, and therefore the right to default bail was extinguished. The Division Bench dismissed the appeals, holding that the right to default bail accrues on the expiry of 90 days from the first remand, and the subsequent filing of a charge sheet after the expiry of 90 days but before the hearing of the bail application does not defeat that right. The court relied on the principle that the right to default bail is an indefeasible right that cannot be defeated by subsequent events. The court also noted that the period of 90 days under Section 43D(2)(b) UAPA is the maximum period allowed for investigation, and if not completed within that period, the accused is entitled to default bail. The appeals were dismissed, and the order of the learned Single Judge was upheld.
Headnote
A) Criminal Procedure - Default Bail - Section 167(2) CrPC read with Section 43D(2)(b) UAPA - The right to default bail accrues on the expiry of 90 days from the date of first remand, and the accused must be released on bail if the application is made before the charge sheet is filed. The subsequent filing of a charge sheet after the expiry of 90 days but before the hearing of the bail application does not defeat the right. (Paras 1-10) B) Criminal Procedure - Investigation - Section 167(2) CrPC - The period of 90 days for investigation under Section 167(2) CrPC is the maximum period allowed for completing investigation, and if not completed within that period, the accused is entitled to default bail. The right is not dependent on the completion of investigation. (Paras 1-10) C) Criminal Procedure - Bail - Section 167(2) CrPC - The right to default bail under Section 167(2) CrPC is an indefeasible right that cannot be defeated by the subsequent filing of a charge sheet after the application for default bail is made. The court must release the accused on bail if the conditions of Section 167(2) are satisfied. (Paras 1-10)
Issue of Consideration
Whether the right to default bail under Section 167(2) of the Code of Criminal Procedure, 1973 read with Section 43D(2)(b) of the Unlawful Activities (Prevention) Act, 1967 accrues automatically on the expiry of 90 days from the date of first remand, and whether the subsequent filing of a charge sheet after the expiry of 90 days but before the bail application is heard defeats that right.
Final Decision
The Division Bench dismissed the writ appeals, upholding the order of the learned Single Judge granting default bail to the respondents.
Law Points
- Default bail under Section 167(2) CrPC is an indefeasible right that accrues on expiry of 90 days from first remand
- regardless of whether investigation is complete
- Section 43D(2)(b) of UAPA extends the period to 90 days but does not require filing of charge sheet within that period
- the right to default bail is not defeated by subsequent filing of charge sheet after the application is made
- the court must release the accused on bail if the application is made before charge sheet is filed.
