Whether Default Bail be Allowed on Basis of Incomplete Charge Sheet Supreme Court Judgment |

Описание: Whether an accused person can claim default bail on the basis of an incomplete charge sheet is a complex legal question that has been the subject of much debate in recent years.

The Code of Criminal Procedure (CrPC) provides that an accused person is entitled to default bail if the investigating agency fails to file a chargesheet within 60 days of the accused's arrest. However, the Supreme Court has held that an incomplete chargesheet does not defeat the right of the accused to default bail.

In the case of Ritu Chhabaria v. Union of India, the Supreme Court held that "the filing of an incomplete chargesheet does not amount to a compliance with the mandatory requirement of Section 167(2) of the CrPC." The Court reasoned that the purpose of Section 167(2) is to ensure that an accused person is not kept in custody for an unreasonably long period of time without being charged. An incomplete chargesheet does not achieve this purpose, as it does not provide the accused with sufficient information about the charges against them.

However, the Supreme Court's decision in Ritu Chhabaria has been criticized by some legal experts, who argue that it undermines the right of the prosecution to complete its investigation. They argue that the accused should not be entitled to default bail if the investigating agency is still gathering evidence.

The Supreme Court has since clarified its position on this issue, stating that courts should defer applications seeking default bail on the basis of the Ritu Chhabaria judgment. The Court has also directed the Centre to file a detailed response on the issue.

It is therefore too early to say definitively whether an accused person can claim default bail on the basis of an incomplete charge sheet. The Supreme Court's final decision on this issue is likely to have a significant impact on the rights of accused persons in India.

In the meantime, it is important to note that the decision of whether or not to grant default bail is ultimately up to the court. The court will consider all of the relevant factors, including the nature of the charges, the strength of the evidence, and the interests of justice, before making a decision.

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