Brief Facts
In the present case, the charge-sheet was filed within the statutory prescribed period of 180 days. However, it was filed without a sanction of valid authority. The Petitioner filed the application seeking default bail and contended that the charge-sheet filed without sanction is an incomplete charge-sheet, entitling the Petitioner to seek default bail. It was also contested that the cognizance on the charge-sheet has not been taken within the stipulated time frame.
Issues
- Whether accused is entitled to seek default bail under Section 167(2) of CrPC on the ground that although the charge-sheet may be filed within the statutory time period but it does not have valid prosecution sanction of authority?
- Whether cognisance on the charge-sheet is necessary to prevent the accused from seeking default bail?
- Whether mere filing of charge-sheet will suffice for the investigation to be deemed complete?
- Whether the filing of charge-sheet before the magistrate court instead of special court notified under section 22 of the NIA Act and thereafter magistrate carrying out the committal proceedings under section 209 of Cr.P.C would vitiate all further proceedings rendering the custody of the accused unlawful?
Held
- The Appeals were dismissed as no ground for default was made out.
Filing of Charge-sheet is sufficient to avoid default bail
- The court held that that a charge-sheet filed without a valid sanction could not be considered an incomplete charge-sheet if it was filed well within the time. This was because a valid sanction was a part of prosecution which started after cognisance of offence was taken.
- Section 173 of the CrPC does not speak about the sanction order at all. Section 167 of the CrPC speaks only about investigation and not about cognizance by the Magistrate. 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.
- Filing of a chargesheet is sufficient compliance with the provisions of Section 167 of the CrPC and that an accused cannot claim any indefeasible right of being released on statutory/default bail under Section 167(2) of the CrPC on the ground that cognizance has not been taken before the expiry of the statutory time period to file the chargesheet. We once again, reiterate what this Court said in Suresh Kumar Bhikamchand Jain, (2013) 3 SCC 77, that grant of sanction is nowhere contemplated under Section 167 of the CrPC.
Filing of charge-sheet before magistrate court does not create any right of default bail
- The error on the part of the investigating agency in filing charge-sheet first before the Court of Magistrate has nothing to do with the right of the accused to seek statutory / default bail under Section 167(2) of the CrPC. The committal proceedings are not warranted, when it comes to prosecution under the UAPA by the NIA by virtue of Section 16 of the NIA Act. This is because the Special Court acts as one of the original jurisdictions and the Court need not follow the requirements of Section 193 of the CrPC
Relevant Para Nos.
43, 44, 45, 63