Case Note & Summary
The case involved an appeal by the appellant against his arrest under various sections of the Indian Penal Code and the Unlawful Activities (Prevention) Act, 1967. The appellant was arrested on 28.08.2018 based on FIR No. 4 of 2018, which included serious charges. Following his arrest, the appellant filed a Writ Petition for Habeas Corpus in the Delhi High Court, which led to a temporary stay on his removal from Delhi. The High Court later set aside the transit remand order, declaring the detention illegal. The appellant subsequently filed a Writ Petition in the Supreme Court, which addressed the legality of his detention and the implications for default bail under Section 167 of the Code of Criminal Procedure. The Supreme Court found that the period of house arrest did not constitute valid custody under Section 167, as it was not authorized by a Magistrate. The court emphasized that the detention must be lawful to count towards the 90-day limit for default bail. The appellant's arguments regarding the nature of custody and the implications of the High Court's orders were considered but ultimately rejected. The Supreme Court upheld the High Court's decision, concluding that the appellant was not entitled to default bail due to the lack of lawful detention during the house arrest period.
Headnote
A) Criminal Procedure - Default Bail - Calculation of Custody Period - Code of Criminal Procedure, 1973, Section 167 - The court held that the period of house arrest cannot be counted towards the 90-day period for default bail as the detention was not authorized by a Magistrate. The High Court's finding that the transit remand was illegal rendered the detention unlawful, thus excluding the house arrest period from the calculation (Paras 16-30).
Issue of Consideration
Whether the period of house arrest should be counted towards the 90-day period for default bail under Section 167 of the Code of Criminal Procedure, 1973.
Final Decision
The Supreme Court dismissed the appeal, ruling that the period of house arrest could not be counted towards the 90-day period for default bail due to the lack of lawful detention.
Law Points
- Default bail
- Transit remand
- House arrest
- Judicial custody
- Police custody
