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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SHREE CHANDRASHEKHAR, GAUTAM A.ANKHAD
State of Maharashtra – Appellant
Versus
Mangesh Pandurang Kadam – Respondent
JUDGMENT :
SHREE CHANDRASHEKHAR, C.J.
1. A Praecipe was filed through the office of the Public Prosecutor seeking circulation for urgent hearing. At that time, no formal application seeking leave of this Court for filing the charge- sheet against Mangesh Pandurang Kadam was filed on behalf of the Investigating Agency. In that Praecipe, it is stated that sufficient evidence has been collected against Mangesh Pandurang Kadam and the investigation qua him is complete. It is further stated that the period of 90 days would be complete on 9th December 2025 and, therefore, this Court may permit the Investigating Agency to file the charge-sheet against the said accused in the trial Court. It is also stated in the Praecipe that “the petitioners” will get benefit of default bail if charge-sheet is not filed.
2. This writ petition was listed on 10th, 14th and 22nd November 2025 and the interim order dated 29th September 2025 was extended and remained in force. In the meantime, the order dated 29th September 2025 passed in Criminal Writ Petition No. 5137 of 2025 was challenged before the Hon’ble Supreme Court and the Special Leave Petition (Criminal) No. 16050 of 2025 was dismissed by the Hon’ble
The right to default bail is fundamental and cannot be negated by filing a charge-sheet shortly before the legal deadline without appropriate justification.
(1) Default bail – Once challan has been filed, question of grant of bail has to be considered and decided only with reference to merits of case under provisions relating to grant of bail to accused ....
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) ....
The right to apply for default bail is lost once the charge-sheet is filed, and such right does not revive only because further investigation is pending.
(1) Default bail – An incomplete charge-sheet filed without completing investigation cannot be used to defeat right of statutory bail under Section 167(2) of Cr.P.C.(2) Default bail – Investigative a....
The right to default bail under Section 167(2) Cr.P.C. is extinguished upon timely filing of a charge-sheet, even if it lacks necessary sanction, thus not rendering it incomplete.
Investigating Officers retain the right to conduct further investigation and file supplementary charge-sheets without court permission, although seeking such permission is an established practice.
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