SAYED MOHD. AHMED KAZMI versus STATE, GNCTD & ORS.

SAYED MOHD. AHMED KAZMI versus STATE, GNCTD & ORS.

The accused acquired an indefeasible statutory right to bail under Section 167(2) CrPC once his custody was held illegal and his application for bail was pending before the charge-sheet was filed. The Magistrate could not defeat this right by retrospectively extending investigation and custody. Both the Magistrate's and High Court's orders failing to grant bail were erroneous.

Parties
Appellant: Sayed Mohd. Ahmed Kazmi; Respondents: State, GNCTD & Ors.
Jurisdiction
India
Judgment Date
19 October 2012
Procedural Posture
Criminal Appeal / Supreme Court Appeal From Delhi High Court Orders Dated 02.07.2012, 06.07.2012, and 06.08.2012
Outcome
Appeal allowed
Legal Topics
Default Bail Under Section 167(2) Cr PC, Extension of Custody, Retrospective Extension of Investigation Period, Statutory Right to Bail
Criminal Law Unlawful Activities (prevention) Act Default Bail Under Section 167(2) Cr PC Extension of Custody Retrospective Extension of Investigation Period Statutory Right to Bail

Case Brief

Summary, issues, holding and outcome

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Parties

Sayed Mohd. Ahmed Kazmi

Appellant

State, GNCTD & Ors.

Respondents

Procedural Posture

Criminal Appeal / Supreme Court Appeal From Delhi High Court Orders Dated 02.07.2012, 06.07.2012, and 06.08.2012

Legal Issues

  1. 1 Whether the accused acquired an indefeasible right to statutory bail under Section 167(2) CrPC when custody was held illegal and no charge-sheet was filed within the stipulated period.
  2. 2 Whether the Magistrate's retrospective extension of investigation and custody period and subsequent orders defeat the statutory right to default bail.

Ratio Decidendi

The accused acquired an indefeasible statutory right to bail under Section 167(2) CrPC once his custody was held illegal and his application for bail was pending before the charge-sheet was filed. The Magistrate could not defeat this right by retrospectively extending investigation and custody. Both the Magistrate's and High Court's orders failing to grant bail were erroneous.

Court Disposition

Appeal allowed

Orders

  • Order dated 20th July, 2012 passed by Chief Metropolitan Magistrate extending investigation and custody for 90 days retrospectively from 2nd June, 2012, set aside.
  • Orders of the High Court dated 2nd July, 2012, 6th July, 2012, and 6th August, 2012, set aside.