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.

JUDGMENT (Oral)

CRL.M.A. 20157/2021 (for exemption)

Exemption allowed subject to just exceptions.

Application is disposed of.

BAIL APPLN. 4392/2021

1. By this petition, the petitioner seeks bail in FIR No. 2/2020 under Sections 201/203/217/384/408/409/120B IPC, 20 of the NDPS Act & 13 of the PC Act registered at P.S. Vigilance on the ground that the charge sheet has not been filed within the statutory period of 180 days.

2. Notice. Mr.Ravi Nayak, learned APP for the State accepts notice.

3. A perusal of the petition itself reveals that the petitioner was arrested on 2nd February 2020 in the above-noted FIR, where-after, he was released on interim bail from 24th April 2021 till 27th September 2021. The petitioner prays that this period when he was out on interim bail be counted in the period of 180 days and as the charge sheet has not been filed within the said 180 days, he is entitled to bail under Section 167(2) CrPC.

4. Section 167(2) CrPC reads as under:

167. Procedure when investigation cannot be completed in twenty four hours.-.

(1) xxx xxx xxx

(2) The Magistrate to whom an accused person is forwarded under this section may, whether he has or has not jurisdiction to try the case, from time to time, authorise the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole; and if he has no jurisdiction to try the case or commit it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction:

Provided that,

[(a) the Magistrate may authorise the detention of the accused person, otherwise than in the custody of the police, beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of the accused person in custody under this paragraph for a total period exceeding,

(i) ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years;

(ii) sixty days, where the investigation relates to any other offence, and, on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall be released on bail if he is prepared to and does furnish bail, and every person released on bail under this sub-section shall be deemed to be so released under the provisions of Chapter XXXIII for the purposes of that Chapter;]

5. Further, Section 36A(4) of the NDPS Act reads as under:

36A. Offences triable by Special Courts

xxx xxx xxx

(4) In respect of persons accused of an offence punishable under section 19 or section 24 or section 27A or for offences involving commercial quantity the references in sub-section (2) of section 167 of the Code of Criminal Procedure, 1973 thereof to "ninety days", where they occur, shall be construed as reference to "one hundred and eighty days":

Provided that, if it is not possible to complete the investigation within the said period of one hundred and eighty days, the Special Court may extend the said period up to one year on the report of the Public Prosecutor indicating the progress of the investigation and the specific reasons for the detention of the accused beyond the said period of one hundred and eighty days".

6. Thus Section 167(2) CrPC empowers the Magistrate to remand the accused to police custody for an initial period of 15 days and thereafter, for a further period of 45 to 75 days in judicial custody without taking cognizance on the charge sheet filed. For offences punishable under Sections 19, 24 or 27A NDPS Act or offences