No default bail on absence of sanction in charge sheet under UAPA: SC

The Supreme Court on Monday held that an accused cannot seek default bail on the ground that the chargesheet filed within the stipulated time period was incomplete as it was not accompanied with valid sanction from the competent authority.

A bench of Chief Justice of India D Y Chandrachud and Justice J B Pardiwala said sanction under the Unlawful Activities (Prevention) Act is accorded, based on the materials collected by the investigating agency, which forms the part of the final report under Section 173 of the Criminal Procedure Code.

"The investigating agency gets full 180 days to complete the investigation. To say that obtaining of sanction and placing the same along with the chargesheet should be done within the period of 180 days is something which is not only contrary to the provisions of law, but is inconceivable," the bench said.

The top court dismissed a plea by Judgebir Singh alias Jasbir Singh and others against the Punjab and Haryana High Court's judgement which had rejected their contention for default bail due to absence of valid sanction in the charge sheet.

The court pointed out that the order of sanction passed by the competent authority can be produced and placed on record even after the filing of the chargesheet.

It may happen that an inordinate delay in placing the order of sanction before the Special Court may lead to delay in trial, which the accused can argue has affected his right for speedy trial, violating Article 21 of the Constitution. "This may at the most entitle the accused to pray for regular bail on the ground of delay in trial," the bench said.

"But the same cannot be a ground to pray for statutory/default bail under the provisions of Section 167(2) of the CrPC," the bench added.

Justice Pardiwala, who authored the judgement on behalf of the judgement, further said maximum period of 180 days, granted to the investigating agency to complete the investigation, is not something in the form of a package that everything has to be completed including obtaining of sanction within this period.

The court also said the investigating agency has nothing to do with sanction. Sanction is altogether a different process. Sanction is accorded, based on the materials collected by the investigating agency which forms the part of the final report under Section 173 of the CrPC.

"The grant of sanction is not an idle formality. The grant of sanction should reflect proper application of mind," it added.

The court further explained according sanction is the duty of the sanctioning authority who is not connected with the investigation at all.

"Therefore, once a final report has been filed, that is the proof of completion of investigation and if final report is filed within the period of 180 days or 90 days or 60 days from the initial date of remand of accused concerned, he cannot claim that a right has accrued to him to be released on bail for want of filing of sanction order," the bench said.