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IN THE HIGH COURT AT CALCUTTA
ARIJIT BANERJEE, PRASENJIT BISWAS
Navin Kumar @ Navin Mondal – Appellant
Versus
State of West Bengal – Respondent
Judgment :
Prasenjit Biswas, J.
1. Mr. Ayan Basu, learned Advocate appearing on behalf of the accused petitioner submits that the accused petitioner is entitled to get default bail under Section 167(2) of Cr.PC (Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023) read with Section 36(A)(4) of the NDPS Act as the Investigating Officer of the case has failed to submit the charge-sheet within the statutory period of 180 days. The period of 180 days was completed on 22.12.2024 including the first day of remand i.e. on 26.06.2024. The petitioner is entitled to get default bail on 23.12.2024. Reliance has been placed on behalf of the petitioner on a decision rendered by the Hon’ble Apex Court in case of Enforcement Directorate, Government of India –vs.- Kapil Wadhawan & Anr. reported in (2024)7 SCC 147. Attention of this Court is drawn to the paragraph nos. 34 to 36 of the said report. Mr. Basu further said that the Hon’ble Apex Court observed that the production of the accused before the Magistrate is a sequel to his arrest by the police and at the same time, the accused has a right to be produced before the Magistrate within 24 hours of arrest and the date of which the accused w
The court ruled that interim bail periods are excluded from the calculation of the statutory 180 days for filing a charge sheet, affecting eligibility for default bail.
Point of Law : Psychotropic drugs - Indefeasible right of accused - Accused to get default bail is accrued and it is indefeasible right of the accused which cannot be defeated by prosecution after co....
A failure to file a charge-sheet within 60 days entitles the accused to default bail, protected as a fundamental right under Article 21 of the Constitution.
The right to default bail is an indefeasible right linked to Article 21 of the Constitution and is subject to the law and procedure laid down by the Legislature.
The court held that under Section 167(2) CrPC, the remand period must exclude the initial remand date for the entitlement to default bail, recognizing the need for prompt trials to prevent unjust det....
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