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REVATI MOHITE DERE, PRITHVIRAJ K. CHAVAN
Sunil Vitthal Wagh – Appellant
Versus
State of Maharashtra, through Senior Inspector Pandharpur – City Police Station – Respondent
JUDGMENT :
[Prithviraj K. Chavan, J.] :
1. The Hon’ble the Chief Justice has assigned the task of answering a referral order passed by a Single Judge of this Court (Coram: N.J. Jamadar, J), who, having noticed two conflicting decisions rendered by the learned Single Judges of this Court in case of Anil Somdatta Nagpal and Lalit Somdatta Nagpal Vs. The State of Maharashtra, 2006 Cri. L.J. 1307 delivered by Hon’ble Mr. Justice Shri S.C. Dharmadhikari (as he then was) and Hon’ble Mr. Justice S. B. Shukre (as he then was) in the case of Pankaj Vs. The State of Maharashtra and others, Criminal Writ Petition No.475 of 2016 invoked Rule-8 of Chapter-I of the Bombay High Court (Appellate side) Rules, 1960.
2. Justice S.C. Dharmadhikari was of the view that once a charge-sheet is filed under Section 173 (2) of the Code of Criminal Procedure (for short “Code”) and the cognizance of the offence thereof has been taken, subsequent arrest of the accused does not entitle him to avail the benefit of default bail as provided in sub- section (2) of Section 167 of the Code. He was of the view that a further report tendered under section 173 (8) of the Code, post arrest and detention of the accused is,
The right to default bail under Section 167(2) is absolute and cannot be denied even during further investigation, aligning with the constitutional guarantee of personal liberty under Article 21.
(1) Default bail – Without completing investigation of a case, a charge-sheet or prosecution complaint cannot be filed by investigating agency only to deprive arrested accused of his right to default....
The main legal principle established is that the accused is entitled to default bail if the investigation is not completed within the mandated period, as per the legislative intent of section 167(2) ....
(1) Default bail – Filing of a charge-sheet is sufficient compliance with provisions of Section 167 of Cr.P.C. and accused cannot claim any indefeasible right of being released on statutory/default b....
The court clarified that for offences under Section 467 IPC, the maximum period for filing a chargesheet is 90 days, thus denying the applicant's claim for default bail.
(1) Writ of Habeas Corpus – When there is a non-compliance of mandatory provisions along with a total non-application of mind, there may be a case for entertaining a writ of Habeas Corpus and that to....
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