SC rejects review plea of 2023 judgment disapproving filing of incomplete chargesheet to deny default bail

New Delhi: The Supreme Court has declined to reconsider its April 26, 2023 judgment, which has held that incomplete chargesheet can't be filed to deny default bail to an accused.

A bench of Chief Justice of India B R Gavai and Justice M M Sundresh dismissed a review petition filed by the CBI against the judgment rendered on a writ petition filed by Ritu Chhabaria and others.

In an order on July 31, 2025, the bench said, "Having perused the review petition and the connected papers with meticulous care, we do not find any justifiable reason to entertain the review petition."

The review petition is considered in judges chamber by circulation of papers as per the Supreme Court rules.

In its judgment, the Supreme Court had then said the investigating agency cannot file incomplete chargesheet to scuttle chances of default bail for the accused, which is not merely a statutory but a fundamental right for him.

"The right of default bail under Section 167(2) of the Criminal Procedure Code is not merely a statutory right, but a fundamental right that flows from Article 21 of the Constitution. The reason for such importance being given to a seemingly insignificant procedural formality is to ensure that no accused person is subject to unfettered and arbitrary power of the state," a bench of Justices Krishna Murari and C T Ravikumar (both since retired) had said.

The court had also pointed out that the process of remand and custody, in their practical manifestations, created a huge disparity of power between the investigating authority and the accused. 

"While there is no doubt in our minds that arrest and remand are extremely crucial for the smooth functioning of the investigation authority for the purpose of attaining justice, however, it is also extremely important to be cognisant of a power imbalance," the bench had said.

Therefore, the court had said, it becomes essential to place certain checks and balances upon the investigation agency in order to prevent the harassment of accused persons at their hands.

The court had also pointed out statutory time frame has been prescribed of 90 days and 60 days for filing of the chargesheets depending upon the nature of offences.

In case of Chhabaria's husband, the court noted that he was denied default bail on filing of supplementary chargesheet by the investigating agency in a cheating case.

"The question of resorting to a supplementary chargesheet u/s 173(8) of the CrPC only arises after the main chargesheet has been filed, and as such, a supplementary chargesheet, wherein it is explicitly stated that the investigation is still pending, cannot under any circumstance, be used to scuttle the right of default bail, for then, the entire purpose of default bail is defeated," the bench had said.