Default Bail Can Be Cancelled On Merits After Presentation Of Chargesheet : Supreme Court

State through CBI v. T. Gangi Reddy @ Yerra Gnagi Reddy| 2023 LiveLaw (SC) 37 | SLP (Crl) No. 9573/2022 | Justice M.R. Shah and Justice C.T. Ravikumar

For Appellant(s) Mr. K. M. Nataraj, ASG Mr. Sharath Nambiar, Adv. Mr. Vinayak Sharma, Adv. Mr. Anuj S. Udupa, Adv. Mr. Nakul Chengappa K.K., Adv. Mr. Arvind Kumar Sharma, AOR

For Respondent(s) Mr. B. Adinarayana Rao, Sr. Adv. Mr. Sumanth Nookala, AOR Mr. Sai Vamsi Krishna, Adv. Ms. Jesal Wahi, AOR

Headnotes:

Code of Criminal Procedure, 1973; proviso to Section 167(2) -Default bail can be cancelled on merits - there is no absolute bar that once a person is released on default bail under Section 167(2) Cr.P.C., his bail cannot be cancelled on merits and his bail can be cancelled on other general grounds like tampering with the evidence/witnesses; not cooperating with the investigating agency and/or not cooperating with the concerned Trial Court etc [Para 11]

Code of Criminal Procedure, 1973; proviso to Section 167(2)-in a case where an accused is released on default bail under Section 167(2) Cr.P.C., and thereafter on filing of the chargesheet, a strong case is made out and on special reasons being made out from the chargesheet that the accused has committed a non-bailable crime and considering the grounds set out in Sections 437(5) and Section 439(2), his bail can be cancelled on merits and the Courts are not precluded from considering the application for cancelation of the bail on merits. However, mere filing of the chargesheet is not enough, but as observed and held hereinabove, on the basis of the chargesheet, a strong case is to be made out that the accused has committed non-bailable crime and he deserves to be in custody [Para 13]

Code of Criminal Procedure, 1973; proviso to Section 167(2) - grant of default bail - the bail so granted is not on merits - when an accused is released on default bail they are released on furnishing the bail bond by them on the failure of the investigating agency to complete the investigation and file the chargesheet within the stipulated time mentioned therein - the object and purpose of proviso to Section 167(2) Cr.P.C. is to impress upon the need for expeditious investigation within the prescribed time limit and to prevent laxity - the object is to inculcate a sense of its urgency and on default the Magistrate shall release the accused if he is ready and does furnish bail - it cannot be said that order of release on bail under proviso to Section 167(2) Cr.P.C. is an order on merits. [Paragraph 8.1]

Code of Criminal Procedure, 1973; proviso to Section 167(2) - grant of default bail - deemed to be released under provisions of Chapter XXXIII of the Cr.P.C., which includes Section 437 and 439 also - deeming fiction under Section 167(2) Cr.P.C. cannot be interpreted to the length of converting the order of default bail, which is not on merits as if passed on merits. [Paragraph 8.1]

Code of Criminal Procedure, 1973; proviso to Section 167(2) - grant of default bail - the merits brought out in the chargesheet and attending circumstances are relevant, as the bail was granted due to default of the investigating officer without Court's adverting to the merits but strong grounds are necessary to cancel the bail and mere filing of the chargesheet itself is not sufficient. [Paragraph 9.2, 9.4, 9.7]

Code of Criminal Procedure, 1973; proviso to Section 167(2) - grant of default bail - order granting bail shall be deemed to be under Section 437(1) or (2) or Section 439(1) of the Cr.P.C. and that order can be cancelled when a case for cancellation is made out under Section 437(5) or 439(2) Cr.P.C. [Paragraph 9.6, 9.7]

Code of Criminal Procedure 1973;proviso to Section 167(2) -To hold that default bail cannot be cancelled on merits will be giving premium to lethargic investigation-In a given case, even if the accused has committed a very serious offence, may be under the NDPS or even committed murder(s), still however, he manages through a convenient investigating officer and he manages not to file the chargesheet within the prescribed time limit mentioned under Section 167(2) Cr.P.C. and got released on default bail, it may lead to giving a premium to illegality and/or dishonesty- Such an interpretation frustrates the course of justice [Para 12]