Case Note & Summary
The writ petition was filed under Article 32 of the Constitution of India by the petitioner seeking release of her husband on default bail, raising issues concerning personal liberty under Article 21. An FIR was initially lodged under Section 120(B) read with Section 420 of the Indian Penal Code, 1860 along with Sections 7, 12 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988, wherein the petitioner's husband was not named. Subsequently, multiple supplementary chargesheets were filed, with the accused initially made a prosecution witness in one supplementary chargesheet dated 26.05.2020, and later named as a suspect in other supplementary chargesheets after investigation was transferred and he was arrested by CBI on 28.04.2022. The accused was remanded to custody under Section 309(2) of the Code of Criminal Procedure, 1973, with remand renewed and continued from time to time, and he was never released on default bail. The petitioner contended through I.A. No. 37424/2023 to incorporate additional grounds and prayers for seeking bail, which was allowed by the Court vide order dated 20.02.2023, and interim bail was granted. The core legal issues were whether a chargesheet can be filed in piecemeal without completing investigation, whether such filing extinguishes the right to default bail, and whether remand can continue during pending investigation beyond the stipulated time prescribed by the CrPC. The petitioner argued that the respondent admitted in writing in the supplementary chargesheet that investigation was still pending, thus the trial court ought not to have issued process and remanded the accused under Section 309 CrPC, and that the accused's fundamental rights were prejudiced due to continued custody while investigation was incomplete, with reliance placed on M. Ravindran Vs. The Intelligence Officer, Directorate of Revenue Intelligence. The respondent raised a preliminary objection that the writ was not maintainable, arguing that the accused should have approached the High Court or filed a Special Leave Petition under Article 136, and contended that the supplementary chargesheet filed on 25.06.2022 was complete for the offences committed by persons arraigned therein, thus no right to default bail had accrued. The Court rejected the preliminary objection regarding maintainability, emphasizing the importance of personal liberty under Article 21. The Court's analysis centered on the statutory framework of the CrPC, particularly Section 167(2) concerning default bail and Section 309 regarding remand, interpreting that the right to default bail accrues upon expiry of the statutory period if investigation remains incomplete, and that piecemeal filing of chargesheets cannot extinguish this right. The Court held that remand cannot continue during pending investigation beyond the stipulated time prescribed by the CrPC, thereby upholding the accused's right to default bail.
Headnote
A) Constitutional Law - Fundamental Rights - Article 21 Personal Liberty - Constitution of India, 1950, Article 21 - Writ petition filed under Article 32 seeking release of husband on default bail, raising issue of grave importance of personal liberty enshrined under Article 21 - Court considered preliminary objection regarding maintainability but held writ maintainable for enforcement of fundamental right to personal liberty (Paras 1, 10-11). B) Criminal Procedure - Default Bail - Section 167(2) CrPC - Code of Criminal Procedure, 1973, Section 167(2) - Accused arrested and remanded to custody, multiple supplementary chargesheets filed while investigation still pending - Court considered whether filing of piecemeal chargesheets without completing investigation extinguishes right to default bail - Held that right to default bail accrues upon expiry of statutory period if investigation incomplete (Paras 2-6, 9). C) Criminal Procedure - Investigation and Chargesheet - Piecemeal Filing - Code of Criminal Procedure, 1973 - Issue arose whether chargesheet can be filed in piecemeal without first completing investigation of case - Court examined practice of filing supplementary chargesheets while investigation still pending - Held that such practice cannot defeat statutory right to default bail (Paras 2-4, 9). D) Criminal Procedure - Remand - Section 309 CrPC - Code of Criminal Procedure, 1973, Section 309 - Accused remanded to custody under Section 309(2) CrPC, remand renewed and continued from time to time - Court considered whether remand can continue during pendency of investigation beyond stipulated time prescribed by CrPC - Held that remand cannot continue beyond statutory period if investigation incomplete (Paras 4, 9).
Issue of Consideration
Can a chargesheet be filed in piecemeal without completing investigation? Whether such filing extinguishes right to default bail? Whether remand can continue during pending investigation beyond CrPC stipulated time?
Final Decision
Court allowed the writ petition, holding that right to default bail under Section 167(2) CrPC accrues upon expiry of statutory period if investigation incomplete, piecemeal chargesheets cannot extinguish this right, and remand under Section 309 CrPC cannot continue during pending investigation beyond stipulated time
Law Points
- Right to default bail under Section 167(2) CrPC accrues upon expiry of statutory period if investigation incomplete
- piecemeal chargesheets cannot extinguish this right
- remand under Section 309 CrPC cannot continue during pending investigation beyond stipulated time
- Article 32 writ maintainable for enforcement of fundamental right to personal liberty under Article 21
