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VIKRAM NATH, PRASANNA B. VARALE
State of Punjab – Appellant
Versus
Sukhwinder Singh @ Sukha – Respondent
ORDER
1. Leave granted.
2. The present appeal arises out of the impugned order dated 12.05.2023 in CRA-D-1115-2022 passed by the High Court of Punjab & Haryana granting default bail to the accused-respondents subject to certain conditions.
3. Brief facts of the instant matter are that a bomb blast had occurred on a motorcycle in Jalalabad (Fazlika) on 15.09.2021, in pursuance of which FIR No. 205 dated 16.09.2021 was lodged under Sections 3, 4 of the Explosive Substances Act, 1908, Sections 13, 15, 17, 18, 18-B, 20 of the Unlawful Activities (Prevention) Act, 1967 [UAPA hereinafter] and Sections 21, 29, 61-85 of the Narcotics Drugs and Psychotropic Substances Act, 1985 [NDPS Act hereinafter].
4. On 01.11.2021, while the SHO with other officials were present at Kisanpura Chowk, they were informed by a police informer that the accused persons in said offence can be apprehended if the house of one Tarlok Singh is raided. On this account, FIR No. 181 dated 01.11.2021 was lodged under sections 212 and 216 of Indian Penal Code, 1860 [IPC hereinafter] and Sections 18 and 19 of UAPA. In pursuance to the lodging of the said FIR, accused persons were arrested on respective dates – Jaswant Singh
Default bail under Section 167(2) CrPC is only available before the filing of a chargesheet; once filed, the right to default bail ceases.
An accused's right to default bail under Section 167(2) Cr.P.C. is extinguished if the application is not filed before the completion of the charge-sheet process.
The right to default bail under Section 167(2) Cr.P.C. is extinguished once a charge-sheet is filed; extensions beyond 90 days must follow proper procedures and be conducted by appropriate judicial a....
The right to default bail is part of the procedure established by law under Article 21 of the Constitution of India, and the completeness of the charge-sheet, allowing for cognizance and framing of c....
Point of law : The right to be released on default bail continues to remain enforceable if the accused has applied for such bail, notwithstanding pendency of the bail application; or subsequent filin....
The main legal point established in the judgment is that the right to default bail is circumscribed by the prosecution's right to seek an extension of time for filing the charge sheet before the expi....
The right to default bail under Section 167(2) Cr.P.C. is an indefeasible right that cannot be extinguished by the mere filing of an incomplete chargesheet.
The right to default bail under Section 167(2) accrues upon non-filing of the charge-sheet within the stipulated time, and cannot be extinguished by subsequent extensions or filings.
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