Supreme Court dismisses default bail appeal for accused who was not present during extension of investigation granted by Trial Court.
- Published on: Nov 30, -0001
Background of the Case:
An accused filed a bail application before the Trial Court, claiming that the extension of time granted to the Investigation Officer was not granted in their presence. The Trial Court granted the first extension of 30 days on April 22, 2022, and the second extension was allowed on May 22, 2022, in the presence of the accused. The accused filed an appeal before the High Court, which was dismissed. The accused then approached the Supreme Court.
Issue before the Court:
The main issue was whether the accused was entitled to the statutory/default bail under Section 167(2) of the CrPC on the ground that at the time when the extension of time for completing the investigation was granted by the Trial Court, the accused was not present.
Arguments of the Parties:
The Counsel for the accused submitted that notice to the accused at the time of consideration of the application for extension of the period of investigation was mandatory, and failure to produce the accused at the time of extension of the period of investigation entitles the accused to statutory bail. The Solicitor General, appearing for the State of Gujarat, contended that the accused is not entitled to written notice giving reasons for the extension.
Verdict of the Supreme Court:
The Supreme Court held that an accused cannot claim the benefit of default bail when they did not challenge the first extension and the second extension was granted in their presence and when the chargesheet was subsequently filed within the period of extension. The Court also held that notice to the accused is not required to be given by the Designated Court before it grants any extension for completing the investigation, meaning thereby the accused is to be kept present before the Court when it grants any extension for completing the investigation.
Conclusion:
In conclusion, the Supreme Court upheld the order of the High Court and dismissed the appeal filed by the accused. The Court held that the accused was not entitled to be released on statutory/default bail.
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