26-04-2023 : The Supreme Court of India has recently stated that filing an incomplete charge sheet by an investigating agency can prevent an accused person from obtaining default bail. The court has explained that default bail is not just a statutory right but a fundamental right that is protected under Article 21 of the Constitution. This right comes into play when an accused person is in custody during an investigation, and the investigating agency fails to file the charge sheet within the prescribed period.
The court has observed that the process of remand and custody creates a huge power disparity between the investigating authority and the accused. While the court recognizes that arrest and remand are essential for the smooth functioning of the investigation authority, it is also important to place certain checks and balances on the investigation agency to prevent the harassment of accused persons.
The court has emphasized that the investigation agency must complete the investigation within the prescribed time frame of 90 days or 60 days, depending on the nature of the offense. The court has also noted that filing a supplementary charge sheet just before the expiry of the prescribed period can be a ploy by the investigating agency to scuttle the right to default bail accrued in favor of the accused.
The court has stated that a supplementary charge sheet cannot be used to deny the right to default bail if it is explicitly stated that the investigation is still pending. The court has also clarified that a charge sheet or a complaint can only be filed after the investigation is completed, and failure to do so would trigger the right to default bail under Section 167(2) of the Criminal Procedure Code.
The court has made it clear that the filing of a charge sheet or a supplementary charge sheet must not become a mere formality and a tool to deny the right to default bail. The court has also emphasized that the power imbalance between the investigating authority and the accused during the process of remand and custody necessitates certain checks and balances on the investigation agency to prevent the harassment of accused persons.
In conclusion, the Supreme Court’s recent ruling clarifies the importance of default bail as a fundamental right and the need for checks and balances on investigating agencies to prevent the harassment of accused persons during the process of remand and custody. The court’s ruling also emphasizes the importance of completing investigations within the prescribed time frame and the consequences of filing an incomplete charge sheet or supplementary charge sheet to deny the right to default bail.