The Supreme Court on Monday held that an accused is not entitled to seek default bail on the grounds that the chargesheet, though filed within the requisite period, remains “incomplete” for lack of sanction under Section 167(2) of the Code of Criminal Procedure.
“We find no merit in the principal argument that a chargesheet filed without sanction is an incomplete chargesheet… Once the chargesheet has been filed within the stipulated time, the question of grant of statutory/default bail does not arise. Whether cognisance has been taken or not taken is not relevant for the purpose of compliance with Section 167. The mere filing of the chargesheet is sufficient,” a Bench of Chief Justice of India D.Y. Chandrachud and Justice J.B. Pardiwala observed in a judgment.
The top court said obtaining sanction from the competent authorities was not part of the investigation.
According to Section 167 of the Criminal Procedure Code (CrPC), an accused will be entitled to default bail if the investigating agency fails to file a chargesheet within 60 days from the date of remand. For certain categories of offences, the stipulated period can be extended to 90 days.
“Therefore, once a final report has been filed, that is the proof of completion of investigation and if the final report is filed within the period of 180 days or 90 days or 60 days from the initial date of remand of the accused concerned, he cannot claim that a right has accrued to him to be released on bail for want of filing of sanction order,” the Bench said.
