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IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K.PATTANAIK
Jamir Miya – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. overview of the case and background facts. (Para 1 , 2 , 3) |
| 2. arguments regarding default bail rights. (Para 5 , 6 , 7 , 8) |
| 3. court's analysis and reasoning on default bail. (Para 9 , 10 , 11 , 12) |
| 4. final decision and conclusion of the court. (Para 13 , 14) |
JUDGMENT :
1. Instant revision filed under Section 438 read with Section 442 BNSS is at the behest of the petitioners challenging the impugned order dated 6th November, 2025 passed in connection with Special G.R. Case No.185 of 2024 by the learned Additional Sessions Judge-cum-Special Judge, Malkanagiri arising out of Mathili P.S. Case No.257 of 2025, whereby, an application under Section 167(2) Cr.P.C. read with Section 187(2) BNSS demanding default bail by them was rejected on the grounds inter alia that such decision is not in accordance with law and hence, liable to be interfered with and set act naught.
3. In connection with the alleged incident and the case registered under Section 20(b)(ii)(C) of the NDPS Act, the petitioners were arrested and produced before the learned court below and the application moved by them thereafter for bail was rejected. It is pleaded on record that the petitioners moved BLAPL
Default bail entitlement under Section 167(2) Cr.P.C. arises only when a chargesheet is not filed or is incomplete; timely filing of chargesheet suffices despite missing documents.
The absence of a chemical examination report in a chargesheet does not invalidate it, and does not automatically entitle the accused to default bail under Section 167(2) of the Cr.P.C.
The right to default bail under Section 167(2) of the Criminal Procedure Code is extinguished upon the filing of a supplementary charge-sheet with the required report and the Court taking cognizance.
The right to default bail under Section 167(2) Cr.P.C. is an indefeasible right that cannot be extinguished by the mere filing of an incomplete chargesheet.
Default bail – Once a charge-sheet so submitted and received and not refused, court shall have to consider bail of accused as per Section 309(2) Cr.P.C. and there accused cannot plead for default bai....
The main legal point established in the judgment is that once a chargesheet is filed, the accused cannot claim default bail, but may apply for regular bail based on the absence of conclusive proof of....
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 absence of a chemical examination report does not render a charge-sheet incomplete, and a defendant is not entitled to default bail once cognizance has been taken.
Default bail – Once a charge-sheet is filed within stipulated time, question of default bail does not arise. It cannot be held that additional documents cannot be produced subsequently.
The necessity of the FSL report in the challan under Section 173 Cr.P.C. for establishing a case under the NDPS Act and granting default bail.
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