Supreme Court Asks All Courts To Defer Applications For Default Bail Based On 'Ritu Chhabaria' Judgment Beyond May 12

The Supreme Court extended its interim order which directed that any application filed before any court seeking default bail on the basis of Ritu Chhabaria v. Union of India And Ors. should be deferred, till May 12, 2023. Earlier, the court had agreed to constitute a three-judge bench on May 4 to consider Centre's application seeking the recall of the Chhabaria judgement. However, since the matter could not be heard on May 4, the bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala extended its interim order till the next date of hearing, that is, May 12, 2023.

In Ritu Chhabaria, a bench comprising Justices Krishna Murari and CT Ravikumar held that an incomplete chargesheet filed by the investigating agency without completing the investigation will not defeat the right of the accused for default bail. The Solicitor General of India Tushar Mehta, appearing for the Central Government had highlighted the difficulties faced by central agencies due to the said judgment. He argued that Chhabaria lays down an absolute proposition that if the chargesheet has been filed without completing the investigation, then the accused would be entitled to default bail. Stating that various judgements of larger benches of the Supreme Court had unequivocally stated that it was the duty of an investigative agency to file chargesheet within 90 days or 60 days as the case maybe, SG Mehta argued that not all investigations could be finished in 60 or 90 days. The SG submitted that the agencies had the right to seek further investigation under Section 173(8) CrPC after the chargesheet was filed.

"Applications have already come for default bail based on this judgement before various courts in the country. Your lordships could have a relook at it in a three-judge bench. Would your lordships say in the meanwhile that the judgement may not be relied upon?", SG requested.

Refusing this request, the CJI had stated that the Court cannot pass an order that its judgment should not be relied upon. However, in the order, the bench clarified that the applications for default bail based on the said judgment should be deferred. While the initial interim order directed for applications to be deferred beyond May 4, the same was extend till May 12 later.

Case Title : Directorate of Enforcement v. Manpreet Singh Talwar | Special Leave to Appeal (Crl.) No.5724/2023

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