RITU CHHABARIA versus UNION OF INDIA & ORS.

Citation: [2023] 3 S.C.R. 826 · Decided: 26-04-2023 · Supreme Court of India · Bench: KRISHNA MURARI · Disposal: Disposed off

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Judgment (excerpt)

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826
SUPREME COURT REPORTS
[2023] 3 S.C.R.
RITU CHHABARIA
v.
UNION OF INDIA & ORS.
(Writ Petition (Criminal) No. 60 of 2023)
APRIL 26, 2023
[KRISHNA MURARI AND C. T. RAVIKUMAR, JJ.]
Code of Criminal Procedure, 1973 – s.167(2) – Right of
default bail – A chargesheet, if can be filed in piecemeal without
first completing the investigation and whether the filing of such
chargesheet extinguishes the right of an accused for grant of default
bail – Held: No – Without completing the investigation of 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 u/s.167(2) – Such a chargesheet, if filed, would
not extinguish the right to default bail u/s.167(2) – In such cases,
Trial Court cannot continue to remand an arrested person beyond
the maximum stipulated time without offering the arrested person
default bail – Right of default bail u/s.167(2) is not merely a statutory
right, but a fundamental right flowing from Article 21 – Constitution
of India – Article 21.
Constitution of India – Art.32 – Writ petition – Maintainability
of – Held: Constitution entrusted the Supreme Court with the most
important task of protecting civil liberties of individuals, and the
society at large – Article 32 falls within Part III of the Constitution
which deals with fundamental rights and thus, the right to invoke
Article 32 is a fundamental right in itself – The relief of statutory
bail u/s.167(2), Cr.PC is a fundamental right directly flowing from
Article 21 of the Constitution – Thus, violation of such a right directly
attracts consideration u/Article 32 – In the present case, preliminary
objection raised by respondent regarding the maintainability of the
writ petition is rejected – Code of Criminal Procedure, 1973 –
s.167(2).
Code of Criminal Procedure, 1973 – s.167(2) – History of
the provision of default bail – Law Commission Reports,
recommendations – Discussed – Code of Criminal Procedure, 1898
– s.167.
[2023] 3 S.C.R. 826
826
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827
Disposing of the writ petition, the Court
HELD: 1.1 The relief of statutory bail under Section 167(2)
of the Cr.PC is a fundamental right directly flowing from Article
21 of the Constitution of India, and the violation of such a right
directly attracts consideration under Article 32 of the Constitution.
The preliminary objections raised by the respondent regarding
the maintainability of this petition under Article 32 of the
Constitution stand rejected. [Para 14][834-B-C]
1.2 Section 167(2) of the Cr.PC was enacted to ensure that
the investigating agency completes the investigation within the
prescribed time limit, failing which no accused could be detained
if they are willing to avail bail. [Para 21][839-A-B]
Law Commission of India Report No. 14, Vol.-I (1958);
Law Commission Report No. 41 (September,1969), Para.
14.19 – referred to.
M. Ravindran v. The Intelligence Officer, Directorate
of Revenue Intelligence (2021) 2 SCC 485; Satendar
Kumar Antil v. CBI & Anr. (2021) 10 SCC 773 – relied
on.
1.3 The right of statutory bail, however, is extinguished, if
the charge sheet is filed within the stipulated period. The question
of resorting to a supplementary chargesheet u/s 173(8) of the
Cr.PC only arises after the main chargesheet has been filed, and
as such, a supplementary chargesheet, wherein it is explicitly
stated that the investigation is still pending, cannot under any
circumstance, be used to scuttle the right of default bail, for then,
the entire purpose of default bail is defeated, and the filing of a
chargesheet or a supplementary chargesheet becomes a mere
formality, and a tool, to ensue that the right of default bail is
scuttled. First investigation is to be completed, and only then
can a chargesheet or a complaint be filed within the stipulated
period, and failure to do so would trigger the statutory right of
default bail under Section 167(2) of Cr.PC. [Paras 24 and 25][840-
G-H; 841-A-B]
Union of India v. Thamisharasi & Ors. (1995) 4 SCC
190 : [1995] 3 SCR 905; Ashok Munilal Jain & Anr.
RITU CHHABARIA v. UNION OF INDIA & ORS.
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SUPREME COURT REPORTS
[2023] 3 S.C.R.
Vs. Assistant Director, Directorate of Enforcement (2018)
16 SCC 158 – relied on.
1.4 Without completing the investigation of 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 1

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