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The Supreme Court has decided to set up a three-judge bench to consider an application of the Central Government seeking a recall of the judgment which held that an investigating agency cannot file a charge sheet in court without completing a probe to deprive default bail to an accused (Ritu Chhabria Vs. UOI & Ors) on May 4.

A bench led by CJI DY Chandrachud was informed by the Solicitor General of India, Mr Tushar Mehta that central probe agencies were under a lot of difficulties due to the said judgment.

It was SG's argument that the judgment passed by a bench of Justices Krishna Murari and CT Ravikumar had laid down an absolute proposition. 

The bench, also comprising Justice JB Pardiwala also stated that the judgment shall stand deferred.

In the Chhabria judgment, the top court had 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 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: Directorate of Enforcement Vs. Manpreet Singh Talwar