RITU CHHABARIA versus UNION OF INDIA & ORS.

RITU CHHABARIA versus UNION OF INDIA & ORS.

Where investigation has not been completed, an investigating agency may not file a main or supplementary chargesheet in piecemeal fashion solely to defeat the accused's statutory right to default bail under Section 167(2) CrPC; such a chargesheet does not extinguish the right to default bail, and trial courts must offer default bail once the statutory remand period expires. The right to default bail under Section 167(2) is a fundamental right flowing from Article 21 and the writ under Article 32 is maintainable to enforce it.

Parties
Petitioner: Ritu Chhabaria; Respondent: Union of India & Ors.
Jurisdiction
India
Judgment Date
26 April 2023
Procedural Posture
Writ Petition (criminal) / Final Judgment
Outcome
Writ petition disposed of and interim bail made absolute
Legal Topics
Default Bail, Section 167(2) Cr PC, Supplementary Chargesheet, Article 21, Article 32, Investigation Time Limits, Remand
Criminal Law Constitutional Law Default Bail Section 167(2) Cr PC Supplementary Chargesheet Article 21 Article 32 Investigation Time Limits +1 more

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Parties

Ritu Chhabaria

Petitioner

Union of India & Ors.

Respondent

Procedural Posture

Writ Petition (criminal) / Final Judgment

Legal Issues

  1. 1 Can a chargesheet or a prosecution complaint be filed in piecemeal without first completing the investigation of the case?
  2. 2 Whether the filing of such a chargesheet without completing the investigation will extinguish the right of an accused for grant of default bail?
  3. 3 Whether the remand of an accused can be continued by the trial court during the pendency of investigation beyond the stipulated time as prescribed by the CrPC?

Ratio Decidendi

Where investigation has not been completed, an investigating agency may not file a main or supplementary chargesheet in piecemeal fashion solely to defeat the accused's statutory right to default bail under Section 167(2) CrPC; such a chargesheet does not extinguish the right to default bail, and trial courts must offer default bail once the statutory remand period expires. The right to default bail under Section 167(2) is a fundamental right flowing from Article 21 and the writ under Article 32 is maintainable to enforce it.

Court Disposition

Writ petition disposed of and interim bail made absolute

Orders

  • Interim order of bail passed in favor of the accused is made absolute
  • Writ petition disposed of