Filing of a charge-sheet within the statutory period extinguishes the right to default bail, as established under Section 167(2) of the Code of Criminal Procedure.

JUDGMENT :

Nalin Kumar Srivastava,J.

1. Heard learned counsel for the appellant, learned A.G.A. for the State and perused the material available on record.

2. This criminal appeal under Section 14-A (2) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act hereinafter referred as the SC/ST Act has been preferred by the appellant- Vishu against the order dated 08.10.2024 passed by the learned Additional District & Sessions Judge/Special Judge, SC/ST Act, Muzaffarnagar whereby the application under Section 167 (2) (a) (i) Cr.P.C. moved by the accused/appellant was rejected.

3. The matter as brought before this Court, is that in a case under section 302 IPC which provides the punishment for imprisonment for life or death sentence alongwith fine, the first remand of the accused was granted on 22.05.2024 which was extended from time to time and non-submission of charge-sheet within a statutory period of 90 days resulted into accrual of right to statutory bail in favour of the accused/appellant.

4. It is submitted by the learned counsel for the accused/appellant that the accused/appellant is detained in judicial custody in case crime no. 117 of 2024 under section 302 IPC and section 3(2)(v) of the SC/ST Act, Police Station Titavi, District Muzaffar Nagar. His first remand was granted by the court under section 167 Cr.P.C. on 22.05.2024 and since then he is detained in jail. The Investigating Officer of this case did not file charge-sheet even after the lapse of 90 days and by virtue of the provisions of section 167 (2) Cr.P.C. a right to default bail accrued in favour of the appellant. On this ground an application for statutory bail under section 167(2)(a)(i) Cr.P.C dated 08.10.2024 was moved before the court concerned but the same was rejected vide order dated 08.10.2024 and it was observed that since after submission of charge-sheet the court had passed an order for further investigation in the matter vide order dated 03.08.2024 and regular bail application of the accused/appellant was pending before the High Court, his application for default bail was liable to be rejected. Resting on the aforesaid facts it is vehemently submitted that the impugned order is illegal and not sustainable and it was passed in an arbitrary manner. The accused/appellant is entitled for default bail under the proviso to section 167(2) Cr.P.C.

5. Per contra, learned AGA has opposed the prayer for default/statutory bail and it has been contended that charge-sheet in this matter was submitted by the Investigating Officer on 03.08.2024 i.e. before the expiry of statutory period. The court concerned after perusing the entire case diary and applying its judicial mind, sent the matter for further investigation with certain directions and the further investigation is now completed. The first remand of the accused/appellant was granted on 22.05.2024 u/s. 302 IPC and section 3(2)(v) of the SC/ST Act and since charge-sheet was submitted on 03.08.2024 well within the period prescribed for an offence punishable with death, imprisonment for life or imprisonment for a term of not less then ten years as provided under section 167 (2) (a) (i) of Cr.P.C, the application for statutory bail was rightly rejected by the court.

6. It is further submitted by learned counsel for the State that since first remand of accused/appellant was granted on 22.05.2024 and the charge- sheet was submitted on 03.08.2024, no right for default bail accrued in favour of the accused/appellant in the light of the provisions of section 167(2) Cr.P.C.

7. For the purpose of disposal of instant appeal a perusal of provisions envisaged under