Case Note & Summary
The petitioner, Sri Saleem, was arrested on 01.04.2015 in Crime No.144/2015 for offences under Sections 8(c) and 20(b)(ii)(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). He was in judicial custody since then. His bail application under Section 439 Cr.P.C. was dismissed on 02.05.2015. The investigating officer failed to file the charge-sheet within the prescribed period of 60 days under Section 167(2)(a)(ii) Cr.P.C., which expired on 31.05.2015. The petitioner filed an application for statutory bail under Section 167(2) Cr.P.C. The charge-sheet was subsequently filed on 03.06.2015. The trial court rejected the bail application, relying on the decision in Rajeev Chaudhary v. State (NCT) of Delhi, 2001 Crl.L.J. 2941, holding that since the charge-sheet was filed before the bail application was decided, the right to default bail did not accrue. The petitioner challenged this order before the High Court under Section 482 Cr.P.C. The High Court, relying on the Supreme Court's decision in Uday Mohanlal Acharya v. State of Maharashtra, (2001) 5 SCC 453, held that the right to default bail under Section 167(2) Cr.P.C. is an indefeasible right that accrues upon the expiry of the prescribed period and is not extinguished by the subsequent filing of the charge-sheet before the bail application is heard. The court set aside the trial court's order and directed the petitioner's release on bail subject to conditions.
Headnote
A) Criminal Procedure Code - Statutory Bail - Section 167(2)(a)(ii) Cr.P.C. - Indefeasible Right - The right to default bail under Section 167(2) Cr.P.C. accrues upon the expiry of the prescribed period for filing charge-sheet and is not extinguished by subsequent filing of charge-sheet before the bail application is heard - Held that the accused is entitled to be released on bail as the charge-sheet was not filed within 60 days (Para 4).
B) Narcotic Drugs and Psychotropic Substances Act, 1985 - Applicability of Section 167(2) Cr.P.C. - Section 36A(4) NDPS Act - The provisions of Section 167(2) Cr.P.C. apply to offences under the NDPS Act, and the prescribed period for filing charge-sheet is 60 days - Held that the petitioner is entitled to statutory bail as the charge-sheet was filed on 03.06.2015, beyond the 60-day period from 01.04.2015 (Paras 2-4).
Issue of Consideration
Whether the petitioner is entitled to statutory bail under Section 167(2)(a)(ii) Cr.P.C. when the charge-sheet was filed after the expiry of the prescribed period but before the bail application was decided?
Final Decision
The High Court allowed the petition, set aside the order dated 06.06.2015 passed by the Principal Sessions Judge, Mangaluru, D.K., in Special Case No.72/2015, and directed that the petitioner be released on bail in Crime No.144/2015 subject to conditions imposed by the trial court.
Law Points
- Statutory bail
- Section 167(2) Cr.P.C.
- Indefeasible right
- Charge-sheet filing after expiry of period
- NDPS Act
- Section 36A(4) NDPS Act
Case Details
2015 LawText (KAR) (08) 12
Criminal Petition No.3834/2015
S. Vishwajith Shetty (for petitioner), B. Visweshwaraiah (HCGP for respondent)
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Nature of Litigation
Criminal petition under Section 482 Cr.P.C. challenging rejection of statutory bail application under Section 167(2) Cr.P.C.
Remedy Sought
Petitioner sought setting aside of order dated 06.06.2015 in Special Case No.72/2015 and grant of statutory bail.
Filing Reason
The trial court rejected the petitioner's application for statutory bail under Section 167(2) Cr.P.C. despite the charge-sheet not being filed within the prescribed 60-day period.
Previous Decisions
The trial court dismissed the bail application under Section 439 Cr.P.C. on 02.05.2015. The application for statutory bail under Section 167(2) Cr.P.C. was rejected on 06.06.2015.
Issues
Whether the petitioner is entitled to statutory bail under Section 167(2)(a)(ii) Cr.P.C. when the charge-sheet was filed after the expiry of the prescribed period but before the bail application was decided?
Submissions/Arguments
Petitioner argued that the charge-sheet was not filed within 60 days from the date of arrest (01.04.2015), and thus he acquired an indefeasible right to default bail under Section 167(2) Cr.P.C., which was not extinguished by the subsequent filing of charge-sheet on 03.06.2015.
Respondent/State argued that since the charge-sheet was filed before the bail application was decided, the right to default bail did not accrue, relying on Rajeev Chaudhary v. State (NCT) of Delhi.
Ratio Decidendi
The right to default bail under Section 167(2) Cr.P.C. accrues upon the expiry of the prescribed period for filing charge-sheet and is an indefeasible right. The subsequent filing of the charge-sheet before the bail application is heard does not extinguish this right. The trial court's reliance on Rajeev Chaudhary was erroneous in light of the Supreme Court's decision in Uday Mohanlal Acharya v. State of Maharashtra.
Judgment Excerpts
The right to default bail under Section 167(2) Cr.P.C. is an indefeasible right that accrues upon the expiry of the prescribed period and is not extinguished by the subsequent filing of the charge-sheet before the bail application is heard.
The trial court's reliance on Rajeev Chaudhary v. State (NCT) of Delhi is erroneous in light of the Supreme Court's decision in Uday Mohanlal Acharya v. State of Maharashtra.
Procedural History
Petitioner arrested on 01.04.2015 in Crime No.144/2015. Bail under Section 439 Cr.P.C. dismissed on 02.05.2015. Charge-sheet not filed within 60 days (by 31.05.2015). Petitioner filed application for statutory bail under Section 167(2) Cr.P.C. Charge-sheet filed on 03.06.2015. Trial court rejected statutory bail on 06.06.2015. Petitioner filed Criminal Petition No.3834/2015 under Section 482 Cr.P.C. before High Court. High Court allowed petition on 13.08.2015.
Acts & Sections
- Code of Criminal Procedure, 1973 (Cr.P.C.): 167(2)(a)(ii), 439, 482
- Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act): 8(c), 20(b)(ii)(A), 36A(4)
