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The Top Court in its decision has noted that the State cannot take advantage of filing supplementary charge sheet under any enactment, to defeat the provisions of default bail.

Division Bench of Justice Sanjay Kishan Kaul and R. Subhash Reddy, held,

“First proviso of Section 167(2) of the CrPC is a fundamental right and not merely a statutory right as it is, a procedure established by law under Article 21 of the Constitution.” 

“The consequences of the UAPA Act are drastic in punishment and in that context, it has been held not to be a mere statutory right but part of the procedure established by law under Article 21 of the Constitution of India”, the bench further added.

In the facts of the present case, a charge sheet which is to be filed within a maximum period of 90 days was filed within 180 days, on the pretext of a charge under Section 18 UAPA Act. However, no charge sheet was filed even then under the UAPA Act, but post filing of application for default bail, the same was moved after an expiry of almost 211 days. 

Court observed, “We do not think that the State can take advantage of the fact that in one case there is one charge sheet and supplementary charge sheets are used to extend the time period in this manner by seeking to file the supplementary charge sheet qua the offences under the UAPA Act even beyond the period specified under Section 167 of the CrPC beyond which default bail will be admissible, i.e., the period of 180 days. That period having expired and the charge sheet not having been filed qua those offences (albeit a supplementary charge sheet), we are of the view the appellant would be entitled to default bail in the aforesaid facts and circumstances.”

Reliance was placed on Bikramjit Singh v. State of Punjab, (2020) 10 SCC 616 and Rakesh Kumar Paul v. State of Assam, (2017) 15 SCC 67

Case Title: Fakhery Alam v. State of Uttar Pradesh | CRIMINAL APPEAL NO. 319 of 2021

Provision/Statute in question: Sections 120-B, 420, 467, 468, 471 Penal Code, 1860, Section 167(2) Code of Criminal Procedure, 1973, Sections 3, 25, 30 Arms Act, Section 18 UAPA Act, 1967.

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