Incomplete charge sheet can not be filed to deny default bail: SC

The top court's judgement came while granting bail to an accused in a criminal case

The Supreme Court on Wednesday said the investigating agency cannot file incomplete charge sheet to scuttle chances of default bail for the accused, which is not merely a statutory but a fundamental right for the accused.

"We find it pertinent to mention that 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 said.

The top court 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.

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"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 said.

"Therefore, 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 bench added.

In its judgement on a writ petition filed by Ritu Chhabaria, the court pointed out statutory time frame has been prescribed of 90 days and 60 days for filing of the charge sheets depending upon the nature of offences.

In case of her husband, the court noted that he was denied default bail on filing of supplementary charge sheet by the investigating agency in a cheating case.

"The question of resorting to a supplementary charge sheet u/s 173(8) of the CrPC only arises after the main charge sheet has been filed, and as such, a supplementary charge sheet, 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 said.

"The filing of a charge sheet or a supplementary charge sheet becomes a mere formality, and a tool, to ensue that the right of default bail is scuttled," the court added.