AI Overview...
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Statutory Bail Post-Final Report - Generally, once a final report (or charge sheet) is filed, the right to statutory bail under Section 167(2) of the Cr.P.C. ceases, especially when investigations are considered complete. Courts have held that the filing of a final report signifies the conclusion of investigation, thereby impacting bail eligibility. For example, in the case discussed under ABDUL AZEEZ P V vs THE NATIONAL INVESTIGATION AGENCY - Kerala, the court ruled that the right to statutory bail terminates once a final report is submitted, even if investigations are ongoing or reports are incomplete.
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Impact of Incomplete Reports and Delays - Non-submission or delay in submitting reports such as FSL reports or CFSL reports does not automatically entitle the accused to default or bail. Courts have clarified that incomplete submissions or delays in reports like FSL or CFSL do not invalidate the final report or the charge sheet, nor do they necessarily grant bail. For instance, in Tushar Chaudhary vs State NCT of Delhi - Delhi and Suvir Sehgal VS State Of Punjab - Punjab and Haryana, courts held that non-submission of specific reports like FSL does not make the challan incomplete or justify bail.
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Exceptions and Special Circumstances - In certain cases, courts have granted interim or default bail even after submission of the final report, especially when investigations are incomplete or if procedural irregularities are found. For example, in State of Kerala, Represented By The Deputy Superintendent Of Police, Special Mobile Squad (Sms Unit), Mannanthavady, Wayanad VS Muneer S/o. Ummer - Kerala, the court acknowledged the possibility of bail if the accused files for default bail after the final report, provided the right is otherwise preserved. Similarly, in Maso Khan VS State of Bihar - Patna, the court emphasized the importance of timely filing and noted that failure to submit a final report within stipulated time might lead to proceedings based on available materials.
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Legal Principles - The general principle is that statutory bail under Section 167(2) is available during the investigation period but ceases once a final report is filed, unless specific circumstances or judicial discretion apply. The absence of a report or delays in its submission do not automatically grant bail, but courts may consider interim relief depending on the case facts.
Analysis and Conclusion:
Based on the sources, statutory bail is typically not available after the submission of a final report in criminal cases, as the filing signifies the completion of investigation, thereby ending the right to bail under Section 167(2). However, courts may grant interim or default bail in special circumstances, such as delays or procedural irregularities, and when the accused files for bail post-final report. The key factor remains whether the investigation is ongoing or complete, and whether procedural requirements are met.
Search Results for "Is Statutory Bail Available after Submission of Final Report in Criminal Cases"
2023 0 Supreme(Bom) 1808 • India - Bombay
PRAKASH D. NAIK
submission of the report within three months. ... regarding the timely submission of the CFSL report. ... The absence of this report was argued as a basis for bail, but the court upheld the statutory embargo under Section 37, concluding ... In view of the rigors implicit under Sec. 37 of the NDPS Act, the applicant is not entitled for bail. 12. Hence, I pass the following order : "(i) The criminal application (bail#HL_END....
2022 0 Supreme(Ker) 908 • India - Kerala
K. VINOD CHANDRAN, C. JAYACHANDRAN
where final report has to be filed within statutory bail period or cases where there are clear eye witnesses to incident, who, on ... to file a final report based on materials then available on record, reserving his liberty to file a supplemental final report after ... Finding of the Court: Investigation and submission of charge sheet will be delayed, especially delay in obtaining ... Situations ....
2024 Supreme(Online)(Del) 31917 • India - IN THE HIGH COURT OF DELHI AT NEW DELHI
AMIT MAHAJAN
after chargesheet was filed without FSL report, claiming incomplete submission. ... to non-submission of the FSL report, underscoring that further investigations do not invalidate completed submissions. ... - Applicant sought bail on the grounds of incomplete chargesheet due to non-filing of FSL report - Court held non-filing does not ... The State (GNCT of Delhi : SLP (Criminal) No.1929/2023, has granted interim bail to the accused....
2014 Supreme(Online)(KER) 22122 • India - High Court of Kerala
K.S.RADHAKRISHNAN, P. B. Suresh Kumar, JJ
Ratio Decidendi: The right to statutory bail under Section 167(2) ceases once a final report is filed, and ongoing investigations ... Issues: Whether the NIA's submission constitutes a final report under the Code of Criminal Procedure affecting the bail eligibility ... Fact of the Case: The accused filed for bail, arguing the NIA's report was incomplete and did not constitute a final ... It is....
2022 0 Supreme(Chh) 398 • India - Chhattisgarh
DEEPAK KUMAR TIWARI
- Not Permitting to Produce Additional Documents - Application filed by applicants for their release on default bail for filing ... Act, 1978 - Sections 3, 4 & 6 - Chhattisgarh Protection of Depositors Interest Act, 2005 - Sections 6 & 10 - Release on Default Bail ... The report is ordinarily filed in the form prescribed therefor. One of the requirements for submission of a police report is whether any offence appears to have been committed and, if so, by whom. ... The statutory scheme....
1987 0 Supreme(Pat) 32 • India - Patna
S.N.JHA
and file a final report within three months, failing which the court would proceed on the materials available on the record against ... of the final report, if any, to avoid any anomaly or inconsistency in the trial. ... Whether the State Government can direct further investigation of a case even after submission of the charge-sheet? 2. ... In case, no final report is submitted in the court within the specified period, the court will proceed on the m....
• India - Crimes
M.N.VENKATACHALIAH, RANGANATH MISRA
submitted their reports. ... There are 32 respondents, 429 districts in which reports of the District Judges have been called for and nearly 400 of them have ... render the proceedings in public interest litigations vulnerable to and susceptible of a new dimension which might, in conceivable cases ... Effective solutions to the problems peculiar to this transformation are not available in the traditional-judicial-system. ... They may also do other criminal work, if the work of the Juvenile Court is not ....
• India - Madras
R.REGUPATHI
... C) A final report, whereby prima facie materials are made available ... report-Cognizance-Delay-Magistrates-Duty- Time is the essence of criminal investigation by the police as well as for enquiry by ... the criminal courts/Judicial Magistrates at the initial stage. ... ... It is also noticed that, in many cases involving grave nature of offences, the police purposely and willingly delay submission of final reports#....
2020 0 Supreme(Ker) 851 • India - Kerala
ALEXANDER THOMAS
bail in terms of the proviso to Section 167(2) of the Cr.P.C The Sessions Court, concerned has committed a grave illegality in taking the view that the accused should be released on statutory ... Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2005- Sections 3(I)(w)(i) & (ii), Section 3(2)(v)- Grant of regular bail ... On the other hand if the accused makes his plea for default bail only subsequent to the filing of final report, the indefeasible right which was in existence....
2022 0 Supreme(P&H) 429 • India - Punjab and Haryana
SUVIR SEHGAL
Issues: The key issue was whether the non-submission of the FSL report would entitle the accused to seek default bail under ... Default Bail - Criminal Procedure - Code of Criminal Procedure, 1973 - Section 167(2), Protection of Children from Sexual Offences ... Finding of the Court: The court found that the non-submission of the FSL report did not render the challan incomplete ... The moot question which requires determination is as to whether non-submis....
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