The right to default bail under Section 167(2) Cr.P.C. is extinguished upon timely filing of a charge-sheet, even if it lacks necessary sanction, thus not rendering it incomplete.

JUDGMENT :

SAMEER JAIN, J.

1. Heard Sri Amarnath Tripathi, learned counsel for applicant and Sri Imran Khan as well as Sri Rajeev Dhar Dwivedi, learned Additional Government Advocates for the State.

2. The instant application has been filed by the applicant with a prayer to quash the order dated 23.07.2025 passed by Additional Sessions Judge/Special Judge (P.C. Act) Court No.2 Gorakhpur whereby his application to release him on default bail has been rejected arising out of Case Crime No. 93 of 2024, under Sections 389 , 406, 420, 506, 411, 120B IPC and Section 13 of The Prevention of Corruption Act, Police Station Kotwali, District Gorakhpur.

Brief facts of the case:-

3. FIR of the present case was lodged on 09.04.2024 against applicant and others under Sections 379, 406, 420, 506 IPC and Section 13 Prevention of Corruption Act (in short P.C. Act).

4. After registration of the FIR investigation was commenced and on 05.06.2024 charge-sheet has been filed against applicant for offences under Sections 389 , 406, 420, 506 IPC and Section 13 P.C. Act and Section 411 IPC read with Section 120B IPC and on 07.06.2024, Magistrate concerned took the cognizance but it reflects, charge-sheet has been filed without sanction, which was obtained subsequently on 22.11.2024 and was forwarded to the court on 22.07.2025.

5. It reflects, according to applicant as charge-sheet against him was filed without sanction, therefore, the same was incomplete thus applicant moved an application under Section 167 (2) Cr.P.C. with a prayer to release him on compulsory bail on the ground that charge-sheet was incomplete and cognizance was bad but vide order dated 23.07.2025 court concerned dismissed his application. Hence the instant application.

Submissions advanced on behalf of applicant:

6. Learned counsel for applicant submits, although charge-sheet in the present matter has been filed on 05.06.2024 which was within the prescribed time provided under Section 167 Cr.P.C. but as charge-sheet against applicant was also filed for offence under Section 13 P.C. Act, therefore, for cognizance sanction was necessary but without sanction charge-sheet has been filed against him thus charge-sheet dated 05.06.2024 filed against applicant was incomplete charge-sheet and it cannot be said in the instant matter investigation has been completed within prescribed time and therefore applicant was entitled to be released on default bail under Section 167 (2) Cr.P.C.

7. He further submits, it appears, as prescribed time of 60 days was going to expire and sanction could not be obtained against applicant, therefore only with intention to defeat the indefeasible right of applicant to release him on compulsory bail provided under Section 167 (2) Cr.P.C. charge-sheet has been filed, which was not permissible.

8. He further submits, as per Section 167 (2) Cr.P.C. if within prescribed time which was 60 days in the present case investigation has not been completed then an accused is entitled to be released on compulsory bail. He further submits, in present case, charge-sheet has also been filed for offence relates to P.C. Act, therefore, along with charge-sheet sanction order must also be filed but only to defeat the right of applicant provided under Section 167 (2) Cr.P.C. charge-sheet has been filed without sanction. He next submits, as incomplete charge-sheet without sanction does not contemplate the police report provided under Secti