09 July 2020

Bail application u/s.167(2) of CrPC must be dispose of forthwith

Now, the law in relation to the right of an accused to bail in the event charge-sheet is not filed within the stipulated time-frame under section 167(2) Cr.P.C. is well settled. In Achpal alias Ramswaroop & Anr. vs. State of Rajasthan : (2019) 14 SCC 599, the Supreme Court has reiterated the following position of law:

"11. The law on the point as to the rights of an accused who is in custody pending investigation and where the investigation is not completed within the period prescribed under Section 167(2) of the Code, is crystallised in the judgment of this Court in Uday Mohanlal Acharya v. State of Maharashtra. This case took into account the decision of this Court in Hitendra Vishnu Thakur v. State of Maharashtra, Sanjay Dutt (2) v. State and Bipin Shantilal Panchal v. State of Gujarat. Pattanaik, J. (as the learned Chief Justice then was) speaking for the majority recorded conclusions in para 13 of his judgment. For the present purposes, we may extract Conclusions 3 and 4 as under: (Uday Mohanlal Acharya case, SCC p. 473, para 13) "13. ... 3. On the expiry of the said period of 90 days or 60 days, as the case may be, an indefeasible right accrues in favour of the accused for being released on bail on account of default by the investigating agency in the completion of the investigation within the period prescribed and the accused is entitled to be released on bail, if he is prepared to and furnishes the bail as directed by the Magistrate.
Bail application u/s.167(2) of CrPC must be dispose of forthwith
4.  When an application for bail is filed by an accused for enforcement of his indefeasible right alleged to have been accrued in his favour on account of default on the part of the investigating agency in completion of the investigation within the specified period, the Magistrate/court must dispose of it forthwith, on being satisfied that in fact the accused has been in custody for the period of 90 days or 60 days, as specified and no charge-sheet has been filed by the investigating agency. Such prompt action on the part of the Magistrate/court will not enable the prosecution to frustrate the object of the Act and the legislative mandate of an accused being released on bail on account of the default on the part of the investigating agency in completing the investigation within the period stipulated."

"12. The principles laid down in Uday Mohanlal Acharya have been consistently followed by this Court, namely, in State of W.B. v. Dinesh Dalmia ; Sanjay Kumar Kedia v. Narcotics Control Bureau ; Union of India v. Nirala Yadav and in Rambeer Shokeen v. State (NCT of Delhi) . It must therefore be taken to be well settled that in terms of 3rd conclusion as recorded in Uday Mohanlal Acharya, on the expiry of the period stipulated, an indefeasible right accrues in favour of the accused for being released on bail on account of default by the investigating agency in the completion of the investigation within the period stipulated and the accused is entitled to be released on bail, if he is prepared to and furnishes the bail as directed by the Magistrate."[Para No.14]

Delhi High Court

Rakesh
Vs.
State Of Nct Of Delhi

Decided on 07/07/2020






Thanks to the Stay Home constrain occurred due to Corona Virus (COVID-19) that provided the Author an opportunity to conceptualize this blog!     ❁     This blog is designed & maintained by Adv. Jainodin Shaikh, Jalgaon
Adv. Jainodin's Legal Blog