ACHPAL @ RAMSWAROOP & ANOTHER versus STATE OF RAJASTHAN

ACHPAL @ RAMSWAROOP & ANOTHER versus STATE OF RAJASTHAN

Upon expiry of ninety days, if no charge-sheet in terms of Section 173 of the Code of Criminal Procedure is before the Magistrate, and the accused applies for bail and is prepared to furnish bail, an indefeasible right to default bail accrues and must be granted; the Code does not permit either the court or investigating authority to extend this period, and mere recording of submissions in an order does not constitute extension.

Parties
Appellant: Achpal @ Ramswaroop; Appellant: Another (Accused No.2); Respondent: State of Rajasthan; Respondent: Complainant
Jurisdiction
India
Judgment Date
24 September 2018
Procedural Posture
Criminal Appeal / Supreme Court Appeal From High Court's Refusal of Bail Under Section 167(2) Cr PC
Outcome
Appeal allowed. Appellants entitled to bail under Section 167(2) CrPC on conditions as the trial court deems appropriate.
Legal Topics
Bail, Default Bail, Investigation Period, Section 167(2) Cr PC, Remand
Criminal Law Criminal Procedure Bail Default Bail Investigation Period Section 167(2) Cr PC Remand

Case Brief

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Parties

Achpal @ Ramswaroop

Appellant

Another (Accused No.2)

Appellant

State of Rajasthan

Respondent

Complainant

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal From High Court's Refusal of Bail Under Section 167(2) Cr PC

Legal Issues

  1. 1 Whether the appellants are entitled to bail under Section 167(2) of the Code of Criminal Procedure, 1973 due to failure to complete investigation within the prescribed period.
  2. 2 Whether the High Court could validly extend the period for completion of investigation beyond the statutory limitation prescribed under Section 167(2) CrPC.

Ratio Decidendi

Upon expiry of ninety days, if no charge-sheet in terms of Section 173 of the Code of Criminal Procedure is before the Magistrate, and the accused applies for bail and is prepared to furnish bail, an indefeasible right to default bail accrues and must be granted; the Code does not permit either the court or investigating authority to extend this period, and mere recording of submissions in an order does not constitute extension.

Court Disposition

Appeal allowed. Appellants entitled to bail under Section 167(2) CrPC on conditions as the trial court deems appropriate.

Orders

  • Appellants are to be admitted to bail under Section 167(2) CrPC on such conditions as the trial court may fix.
  • No prohibition to arrest or re-arrest on cogent grounds; regular bail may be applied for in such case.