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.

JUDGMENT :

Vikram Aggarwal, J.

The present appeal (originally filed as a Criminal Revision and subsequently treated as a Criminal Appeal vide order dated 23.02.2022) assails the order dated 28.04.2021 passed by the Additional Sessions Judge (Special Judge), Amritsar vide which the application filed by the appellant under Section 167(2) Cr.P.C. for the grant of default bail was rejected.

2. A secret information was received that the present appellant alongwith Amritpal Singh Bhullar, Gursewak Singh, Manoj Thakur etc. had formed a dangerous gang. These persons were involved in several cases of murder, robbery, extortion, attempt to murder etc. As per the information, these persons had several snatched/stolen cars in their possession and they were carrying a huge cache of deadly arms and ammunitions. The appellant Sikander Singh as also the other persons were wanted in several criminal cases. On receipt of the information, FIR No.4 dated 15.03.2020 was registered under Sections 379-B, 382, 399, 402-IPC, Section 25 of the ARMS ACT and Sections 15 , 17, 18 and 18-B of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as 'the UAPA ') at Police Station, SSOC, Amritsar. The appellant was arrested on 15.03.2020. Other persons were also arrested on different dates. A huge cache of arms and ammunitions, currency, mobile phones, gold weighing 10kg 490 grams stated to have looted from IIFL, Gold loan branch, Gill Road, Ludhiana, vehicles of different makes etc. were recovered.

3. On 06.06.2020, an application was presented before the Special Court, Amritsar seeking extension of 90 days under Section 43 -D of the UAPA in completing investigation and submitting final report under Section 173 Cr.P.C. The extension was granted by the Special Court on 15.06.2020. On 28.07.2020, a written request for the grant of sanction under Section 45 of the UAPA was moved. After completion of investigation, final report under Section 173 Cr.P.C. was prepared and submitted in the Court of Judicial Magistrate, 1st Class, Amritsar on 11.09.2020. The case was committed for 15.03.2021 to the Court of Sessions. An application for the grant of default bail under Section 167(2) Cr.P.C. was moved on 20.04.2021 which was dismissed by the Additional Sessions Judge, Amritsar on 22.04.2021. Thereafter, another application seeking the same relief was moved in the Court of Sessions Judge, Amritsar which was dismissed by way of the present impugned order. In the meantime, the sanction had been received and the supplementary charge-sheet was filed on 20.04.2021.

4. We have heard learned counsel for the parties and have perused the record.

5. Learned counsel for the appellant has submitted that the Special Judge, Amritsar erred in declining the relief of default bail. It has been submitted that once there was no sanction under the UAPA , the submission of an incomplete charge-sheet could not be taken as filing of the charge-sheet and would entitle the appellant to default bail. It has also been contended that ultimately the charge-sheet was presented on 11.09.2020 before the Court of Judicial Magistrate 1st Class, Amritsar who was not competent to try the case and the charge-sheet should have been submitted before the Special Judge. This also would entitle the appellant to the grant of default bail. Learned counsel has further submitted that even the supplementary charge-sheet after the receipt of sanction, though filed on 20.04.2021, the same was filed after the filing of the application for default bail on the same day i.e. 20.04.2021 which is clear from the statement of the concerned Ahlmad. Learned counsel has referred to the judgment o