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2017 Supreme(SC) 749

MADAN B.LOKUR, PRAFULLA C.PANT, DEEPAK GUPTA
Rakesh Kumar Paul – Appellant
Versus
State of Assam – Respondent


Judgement Key Points

The ratio decidendi of the judgment is that the interpretation of the phrase "imprisonment for not less than ten years" in the context of Section 167(2)(a)(i) of the Criminal Procedure Code, 1973, is that it refers to offences for which the minimum punishment prescribed is ten years or more of imprisonment. This interpretation means that for offences punishable with a minimum of ten years imprisonment, the period for completing investigation without filing a charge sheet is extended to 90 days, and the accused is entitled to default bail if the charge sheet is not filed within this period. The Court emphasizes that the legislative intent was to classify more serious offences requiring extended investigation time, and the words "not less than ten years" should be given their natural and unambiguous meaning, indicating that the minimum sentence must be ten years or more, rather than offences where the maximum sentence is ten years. Furthermore, the Court underscores that the right to default bail is an indefeasible right that accrues when the statutory period (60 or 90 days, depending on the offence) expires without the filing of a charge sheet, and this right must be exercised by the accused by offering to furnish bail. This interpretation aligns with the legislative history and the fundamental importance of personal liberty, which must be given precedence over technical or procedural formalities.


JUDGMENT

Madan B. Lokur, J.

1. In Measure for Measure the Duke complains (in the given situation): “And liberty plucks justice by the nose [Act 1 Scene III line 20-32]”. The truth is that personal liberty cannot be compromised at the altar of what the State might perceive as justice – justice for one might be perceived as injustice for another. We are therefore unable to agree with learned counsel for the State that the petitioner is not entitled to his liberty through what is commonly referred to as ‘default bail’ or that the justice of the case should persuade us to decide otherwise.

2. The facts in these petitions are not in dispute and we need not go into them in any great detail since we are really concerned with the interpretation of the words “imprisonment for a term not less than ten years” appearing in clause (i) of proviso (a) to Section 167(2) of the Code of Criminal Procedure, 1973 as amended in 1978.

       A few facts

3. A First Information Report No. 936 of 2016 was lodged on 27th October, 2016 in respect of allegations made under the provisions of the Prevention of Corruption Act, 1988 (PC Act) and the Indian Penal Code, 1860 (IPC). Although the petitioner was not n









































































































































































































































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