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Synopsis

The Supreme Court, on Wednesday, held that without completing an investigation of a case, the chargesheet can't be filed by an Investigating Agency only to deprive an accused of his right to default bail under Section 167 of CrPC.

The Division bench of Justice Krishna Murari and Justice CT Ravikumar stressed that the right of default bail is not merely a statutory right but a fundamental one that flows from Article 21 of the Constitution.

Court said, “Without completing the investigation in a case, a chargesheet or prosecution complaint cannot be filed by an investigating agency only to deprive an arrested accused of his right to default bail under Section 167(2) of the CrPC.”

Background:

An FIR was lodged under Section 120(B) read with Section 420 of the IPC along with Sections 7,12 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988, in which the petitioner’s husband was not named.

Subsequently, supplementary chargesheets were filed, wherein the petitioner’s husband (accused) was made a prosecution witness in a supplementary chargesheet, however, in such chargesheets, the accused was not named.

The investigation of the case was then transferred to another investigating officer, and on April 28, 2022, the accused was arrested by the CBI and remanded in detention. Then, multiple other supplementary chargesheets were filed, in which he was named as a suspect, and his remand under Section 309(2) of the CrPC was periodically renewed and continued, and he was never released on default bail.

Observations:

The Apex court said that the importance attached to such a procedural formality is to ensure that no accused is harassed with subject to the unfettered and arbitrary power of the state.

“Such a chargesheet, if filed by an investigating authority without first completing the investigation, would not extinguish the right to default bail under Section 167(2) CrPC,” the court further observed.

While rejecting the preliminary objection of CBI regarding the maintainability of the plea, the court said that it is entrusted by the Constitution to protect the civil liberties of individuals and society at large.

"The process of remand and custody, in their practical manifestations, create a huge disparity of power between the investigating authority and the accused. 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 cognizant of a power imbalance," the bench said.

It noted that the trial court, instead of offering default bail to the accused, mechanically accepted the incomplete charge sheets filed by the investigating agency, and further continued the remand of the accused beyond the maximum period specified.

“If this Court refuses to exercise its jurisdiction on technicalities in cases of violations of fundamental rights, it will lead to a ripple effect that will result in a dysfunctional social contract, wherein the people of this country would become subject to an arbitrary and unfettered tyranny of the state,” the bench said.

The top court said the right of default bail under Section 167(2) of the CrPC is not merely a statutory right, but a fundamental right that flows from Article 21 of the Constitution.

“The process of remand and custody, in their practical manifestations, creates a huge disparity of power between the investigating authority and the accused,” it said.

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 cognizant of a power imbalance, the apex court observed.

The top court said 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.

Case Title: Ritu Chhabaria vs. UOI & Ors.

Statute: Section 167(2) Cr.P.C