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IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Rahima – Appellant
Versus
The State GNCT of Delhi – Respondent
Bail Appln. 2612 of 2022, BAIL APPLN. 2708 of 2023, CRL.REV.P. 48 of 2022, CRL.REV.P. 338 of 2022, CRL.REV.P. 578 of 2023 and CRL.REV.P. 391 of 2022
Decided On : 21-09-2023
Incomplete Charge Sheet - Bail Applications - Section 173(2) of the Code of Criminal Procedure - Kishan Lal vs. State, Babu vs. State, Mohd. Arbaz vs. State of NCT of Delhi, Suleman vs. The State, Divyas Bardewa vs. Narcotics Control Bureau, Arif Khan vs. State - The court discussed the issue of whether a charge sheet filed without the FSL report is an 'incomplete charge sheet' and the statutory right of the accused to be released on default bail. The court referred to various judgments including Kishan Lal, Babu, Mohd. Arbaz, Suleman, Divyas Bardewa, and Arif Khan to analyze the completeness of the charge sheet and the entitlement to default bail.
Fact of the Case:
The court considered bail applications where the question was whether the charge sheet filed without the FSL report is an 'incomplete charge sheet' and whether the petitioners accrued a statutory right to be released on default bail.
Finding of the Court:
The court analyzed various judgments and held that the petitioners are not entitled to be admitted to bail, citing the law laid down in Kishan Lal until it is set aside or altered.
Issues: The main issue was whether the charge sheet filed without the FSL report is considered incomplete and whether the accused have a statutory right to be released on default bail.
Ratio Decidendi: The court relied on the judgments in Kishan Lal, Babu, Mohd. Arbaz, Suleman, Divyas Bardewa, and Arif Khan to establish that the charge sheet can be considered complete even without the FSL report and the accused may not be entitled to default bail.
Final Decision: The bail applications and all other pending applications moved by the petitioners were rejected.
JUDGMENT
Dinesh Kumar Sharma, J.
1. The present bail applications have been proposed to be taken together and disposed of vide this common order as the question involved herein is similar that whether the charge sheet filed without the FSL report is an `incomplete charge sheet' and by virtue of this the petitioners accrued a statutory right to be released on default bail.
2. Learned counsels for the petitioners have argued vehemently that in view of the latest judgment of the Hon'ble Supreme Court in Mohd. Arbaz vs. State of NCT of Delhi, SLP (Crl.)8164-8166/2021 dated 09.11.2022, Suleman vs. The State (Govt. of NCT of Delhi) in Special Leave to Appeal (Crl.) No.1929/2023, order dated 17.04.2023, Divyas Bardewa vs. Narcotics Control Bureau in Special Leave to Appeal (Crl.) No.11628/2022 order dated 01.05.2023 and Arif Khan vs. State in Special Leave to Appeal (Crl.) No.8610/2023 order dated 28.07.2023, the Hon'ble Apex Court has extended the benefit of bail to the accused persons and have kept the question relating to the completeness of the charge sheet in accordance with the law if the same is filed without the CFSL report for consideration. Learned counsels for the petitioners have submitted that the Hon'ble Apex Court is of the view that the matter requires detailed consideration. It has further been submitted that the High Court of Punjab and Haryana vide its Judgment dated 11.02.2022 in Joginder Singh vs. State of Haryana, Crl.Misc.No.M-48705 of 2021, judgment dated 17.02.2022 in Ajaib Singh vs. State of Haryana, CRR-40-2022 (O&M), and in judgment dated 01.06.2022 in Rohtas @ Raju vs. State of Haryana, CRR-933 of 2022 (O&M) have also inter alia held as under:
"The report of the FSL goes to the root of the case and is a material document and as such, filing of challan without the same is not to be treated as complete challan, as has been held by the coordinate Bench of this Court in Jagvinder Singh case (supra) and Ajaib Singh's case (supra). The similar view has been taken by the coordinate Bench of this Court in Criminal Revision No.1314 of 2021, Joginder Singh Vs. State of Haryana, decided on 11.02.2022.
Even the Hon'ble Apex Court in SLP (Criminal) No.8164- 8166/2021 Mohammad Arbaz and others Vs. State of NCT and Delhi, also granted relief to the accused, under the similar circumstances.
In the light of the above, the impugned order dated 24.03.2022 rejecting default bail to the petitioner is hereby set aside and he is ordered to be released on default bail on furnishing requisite bail bonds to the satisfaction of concerned trial Court/Special Judge (Duty)."
3. Learned counsels for the petitioners have also submitted that this court has also followed the same view in Crl. Rev. P.135/2023 titled Gurjeet Singh vs. State of NCT of Delhi and in Crl. Rev. P.471/2023 titled Amanpreet Kaur @ Preeti (in JC) vs. State in order dated 28.04.2023. It is pertinent to mention that in Amanpreet Kaur @ Preeti (supra) only the interim bail was granted.
4. Learned APP for the state has vehemently opposed the bail applications and has submitted that the Division Bench of this court in Kishan Lal vs. State, Crl.W.P.No.622/1988, has authoritatively held that under Section 173 of the Code there is no mandate that a police report must enclose the document purporting to be a report under the hand of a Government scientific expert. Learned APP submits that in the present cases, as the cognizance of the offences has already taken by the magistrate properly and validly, therefore, no order releasing the petitioners on bail under Section 167 (2) of the Code is required to be passed. Learned APP for the State has submitted that Kishan Lal (supra) has been followed by this court in Babu vs. State, (1951)2 SCR 729, Mehabub Rehman @ Empha vs. State, Crl.Rev.P. 340/2020 and Suleman (supra) and a plethora of other cases.
5. Learned APP has submitted that the Sikkim High Court in Anwar Alam vs. State of Sikkim, Crl. Rev P. No. 4 of 2022 (date of decis
The absence of an FSL report does not render a chargesheet incomplete; the right to default bail ceases once a chargesheet is filed, regardless of pending investigations.
Non-filing of the FSL report along with the Charge Sheet did not entitle the Applicant to default bail, as the Charge Sheet, filed within the statutory period, was not incomplete without the FSL repo....
The non-filing of FSL report with the challan does not vitiate the challan or entitle the applicant to default bail under section 167(2) of the Criminal Procedure Code.
The main legal point established in the judgment is that the pending FSL report does not render the charge sheet incomplete, and the determination of the accused's involvement in the offence is a mat....
Non-filing of the FSL report along with the charge sheet does not render the charge sheet incomplete, and therefore, no right of default bail is accrued in favor of the accused.
The absence of an FSL report does not invalidate a charge sheet under NDPS Act, affirming the right to default bail remains linked to timely completion of investigations.
A Charge-Sheet filed without a Chemical Analysis Report can be deemed valid, shifting the bail determination to merits rather than procedural deficiencies once filed within statutory limits.
The essential nature of the FSL report in establishing the nature of contraband and the inability to take cognizance of an offence under the NDPS Act without it.
A police report under Section 173(2) is not incomplete solely for lacking an FSL report if filed within the stipulated time, thus default bail cannot be claimed.
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