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IN THE HIGH COURT AT CALCUTTA
SHAMPA DUTT (PAUL)
Abdur Rakib Sarkar @ Habibullah @ Habib – Appellant
Versus
State of West Benga – Respondent
JUDGMENT :
Shampa Dutt (Paul), J.
1. This revision has been preferred praying for quashing and setting aside of the order dated 15.11.2022, extending the period of investigation 90 days to 180 days by virtue of Section 43D UAPA and order dated 27.12.2022 from rejecting the prayer for default bail under Section 167 (2) of the Cr.P.C., in G.R. No. 3027 of 2022, passed by the learned Additional Chief Judicial Magistrate, Barasat, in Shasan P.S. Case No. 159/2022, under Sections 120B/121/121A/125 of the Indian Penal Code and Sections 16 /17/18/18B/19/20/38/39/40 of the .
2. The petitioners' case is that they have invoked their indefeasible right of default bail under Section 167 (2) Cr.P.C. read with Section 43D UAPA in absence of valid extension order i.e. order dated 15.11.2022 and before filing the charge-sheet, hence they are entitled to be considered for their release on default bail.
3. It is further stated that the petitioners on 27.12.2022 had preferred an application for invoking the default bail under Section 167 (2) of Code of Criminal Procedure read with 43D UAPA , on the ground that after completion of the statutory period of 90 days under (2) of Code of Criminal Procedu
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 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.
Default bail under Section 167(2) CrPC is only available before the filing of a chargesheet; once filed, the right to default bail ceases.
In cases involving UAPA, a valid extension of investigation period negates the right to default bail, contingent on statutory compliance.
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 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....
Extension of time for filing chargesheet must be based on valid grounds; if the investigation is complete, the right to default bail accrues.
The main legal point established is that the extension of the investigation period without notifying the accused violates the principles of natural justice, and the accused is entitled to default bai....
The court established that a valid report from the Public Prosecutor is essential for extending the time to file a charge-sheet, and failure to comply with procedural requirements negates the right t....
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