Brief Facts
- A case was registered against the Accused-Respondent for the offence under Section 302 read with Section 120-B of IPC. The Accused was arrested on 28.03.2019 and right after the expiry of 90 days from the date of arrest, the Accused preferred an Application for default bail u/s 167(2) of CrPC which was allowed and the Accused was released on Bail.
- In the meanwhile, the investigation of the case was transferred to the CBI by the High Court and first chargesheet was filed by the CBI on 26.10.2021 and thereafter an Application under Section 439(2) of CrPC was also filed by the CBI before the High Court for cancellation of Bail granted to the accused.
- The application for cancellation of bail was rejected by the High Court on the ground that once the Accused was released on default bail under Section 167(2) Cr.P.C., thereafter, the bail cannot be cancelled on merits. Being aggrieved by the said order the CBI approached the Supreme Court.
Issues
- Whether the default bail granted to a person under section 167(2) of CrPC be cancelled after the presentation of a chargesheet?
- If the said question is answered in affirmative, then, on what grounds and circumstances, the bail can be cancelled?
Held
- The Apex Court allowed the appeal by answering the question of law in favour of CBI and thereafter the parties were relegated to Telangana High Court for fresh consideration of bail cancellation application in merits.
- The proviso to sub-section (2) of Section 167 fixes the outer limit within which the investigation must be completed and if the same is not completed within the period prescribed therein, the accused has a right to be released on bail if he is prepared to and does furnish bail. Considering proviso to Section 167(2) Cr.P.C., it cannot be disputed that a person released on default bail is deemed to be released under provisions of Chapter XXXIII of the Cr.P.C., which includes Section 437 and 439 also. The object and purpose of proviso to Section 167(2) Cr.P.C. is to impress upon the need for expeditious investigation within the prescribed time limit and to prevent laxity in that behalf. The object is to inculcate a sense of its urgency and on default the Magistrate shall release the accused if he is ready and does furnish bail. Thus, it cannot be said that order of release on bail under proviso to Section 167(2) Cr.P.C. is an order on merits. An accused is released on bail under proviso to Section 167(2) Cr.P.C. on the failure of the prosecuting agency. Therefore, the deeming fiction under Section 167(2) Cr.P.C. cannot be interpreted to the length of converting the order of bail not on merits as if passed on merits.
- The issue involved in the present appeal is answered in the affirmative and it is observed and held that in a case where an accused is released on default bail under Section 167(2) Cr.P.C., and thereafter on filing of the chargesheet, a strong case is made out and on special reasons being made out from the chargesheet that the accused has committed a non-bailable crime and considering the grounds set out in Sections 437(5) and Section 439(2), his bail can be cancelled on merits and the Courts are not precluded from considering the application for cancelation of the bail on merits. However, mere filing of the chargesheet is not enough, but as observed and held hereinabove, on the basis of the chargesheet, a strong case is to be made out that the accused has committed non-bailable crime and he deserves to be in custody.
Relevant Para No
- 8.1, 9.7, 11, 13
