Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973: ss. 167(2) 173 – Default Bail |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | 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 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Criminal Procedure, 1973:ss. 167(2), 173 – Default Bail – Entitlement to, u/s. 167(2) – Though the chargesheet might have been filed within the statutory time period as prescribed in law yet the chargesheet was without a valid order of sanction passed by a competent authority – Held : It cannot be said that a chargesheet filed without sanction is an incomplete chargesheet which could be termed as not in consonance with s. 173 – According sanction is the duty of the sanctioning authority who is not connected with the investigation at all – In case the sanctioning authority takes some time to accord sanction, that does not vitiate the final report filed by the investigating agency before the Court – s. 173 does not speak about the sanction order at all – s. 167 also speaks only about investigation and not about cognizance by the Magistrate – Filing of a chargesheet is sufficient compliance with the provisions of s. 167 and that an accused cannot claim any indefeasible right of being released on statutory/default bail u/s. 167(2) on the ground that cognizance has not been taken before the expiry of the statutory time period to file the chargesheet – Grant of sanction is nowhere contemplated u/s. 167. Default bail – Entitlement to, u/s. 167(2) when error on the part of the investigating agency to file chargesheet for the offence enumerated, in the Court of Magistrate and not in the Sessions or designated Court – Held : Error on the part of the investigating agency in filing chargesheet first before the Court of Magistrate has nothing to do with the right of the accused to seek statutory/default bail u/s. 167(2) – Committal proceedings are not warranted, when it comes to prosecution under the UAPA by the NIA by virtue of s. 16 of the NIA Act – This is because the Special Court acts, as one of the original jurisdictions – By virtue of s. 16 of the NIA Act, the Court need not follow the requirements of Section 193 CrPC – On facts, the application seeking default bail u/s.167(2) r/w s. 43D of the UAPA was filed before the Special Judge, NIA, on 14.12.2020 and by that time, the chargesheet had already been filed and the proceedings were pending in the court of Special Judge, CBI – National Investigation Agency Act, 2008 – s.16 – Unlawful Activities (Prevention) Act, 1967. S. 167 – Investigation – Investigating agencies seeking extension of time to complete investigation – Advise to NIA as well as the State investigating agency seeking extension of time, to be careful that such extension is not prayed for at the last moment – Right to be released on default bail continues to remain enforceable if the accused has applied for it, notwithstanding pendency of the bail application or subsequent filing of the chargesheet or a report seeking extension of time by the prosecution before the court – However, where the accused fails to apply for default bail when the right accrues to him, and subsequently a chargesheet, or a report seeking extension of time is preferred, the right to default bail would be extinguished – Court would be at liberty to take cognizance of the case or grant further time for completion of the investigation, though the accused may still be released on bail under other provisions of the CrPC. |
Judge | Hon'ble Mr. Justice J.B. Pardiwala |
Neutral Citation | 2023 INSC 472 |
Petitioner | Judgebir Singh @ Jasbir Singh Samra @ Jasbir & Ors. |
Respondent | National Investigation Agency |
SCR | [2023] 6 S.C.R. 1 |
Judgement Date | 2023-05-01 |
Case Number | 1011 |
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