Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure Bail |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 – s. 167(2) – Entitlement to bail in event charge sheet not filed by the police within the stipulated period – The appellant-accused was arrested on 21.02.2020 u/ss. 457, 380, 457(2), 380(2), 411(2) and 414(2) IPC – After being in judicial custody for more than 73 days and nonfiling of charge-sheet – The appellant filed for bail by default as contemplated u/s. 167(2) Cr. P.C. before the High Court – The High Court referring to an order of the Supreme Court dated 23.03.2020 passed in Suo Moto W.P.(C) No. 3 of 2020 took the view that the Supreme Court’s Order extended the period for submission of charge-sheet prescribed u/s. 167(2) Cr. P.C. – On appeal, held: The Order dated 23.03.2020 was passed to protect the litigants/ lawyers whose petitions/ application/ suits/ appeals/ all other proceedings would become time barred they being not able to physically come to file such proceedings considering the challenge faced by the Country on account of Covid-19 Virus – When the Supreme Court passed the order for extending limitation for filing petitions/ applications/ suits/ appeals/ all other proceedings, the Order was for the benefit of those who have to take remedy, whose remedy may be barred by time because they were unable to come physically to file such proceedings – The Order dated 23.03.2020 cannot be read to mean that it ever intended to extend the period of filing charge-sheet by police as contemplated u/s 167(2) of the Cr. P.C. – Therefore, even during the lockdown the investigating officer was not precluded from filing/submitting the charge-sheet even within the stipulated period before the Magistrate (incharge) – Thus, the High Court committed error in extending the restriction to filing of charge-sheet by investigating officer in the Order dated 23.03.2020Constitution of India – Proclamation of Emergency and Art. 21 – Code of Criminal Procedure, 1973 – s. 167(2) – The Single Judge of the High Court held that lockdown announced by the Government of India is akin to the proclamation of Emergency and the restrictions imposed should not give accuse a right to pray for grant of default bail u/s. 167(2) Cr. P.C. – Held: The Seven Judges Constitution Bench Judgment in K.S. Puthaswamy and Another v. Union of India and Others held that life and personal liberty are inalienable to human existence – They constitute rights under Natural Law – The human element in the life of an individual is integrally founded on the sanctity of life – In the instant case, the Single Judge of the High Court erred in holding that the lockdown announced by the Government is akin to the proclamation of Emergency and the restrictions imposed during the lockdown should not give the right to an accused to pray for grant of default bail even though charge-sheet has not been filed within the time prescribed u/s. 167(2) Cr. P.C. – The views of the Single Judge of the High Court were not in accordance with law – Accordingly, the judgment of the Single Judge set aside |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2020 INSC 439 |
Petitioner | S. Kasi |
Respondent | State Through The Inspector Of Police Samaynallur Police Station Madurai District |
SCR | [2020] 5 S.C.R. 277 |
Judgement Date | 2020-06-19 |
Case Number | 452 |
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