Filing Piecemeal Chargesheet Defeats Right To Default Bail, Goes Against Article 21: Delhi HC Grants Bail To...
🔷 1. Constitutional and Legal Background
✅ Article 21 of the Constitution of India
“No person shall be deprived of his life or personal liberty except according to procedure established by law.”
This means that any deprivation of liberty (like custody or denial of bail) must strictly follow fair, just, and reasonable procedure.
🔷 2. What Is Default Bail?
✅ Section 167(2) of the Criminal Procedure Code (CrPC)
This section provides that:
If the investigation is not completed within 60 or 90 days (depending on the nature of the offence) and no charge sheet is filed, the accused has a statutory right to be released on bail.
This is called “default bail” or “statutory bail”.
⏳ Time Limits:
60 days for offences punishable with less than 10 years.
90 days for offences punishable with death, life imprisonment, or more than 10 years.
Once this period expires and no final charge sheet is filed, the accused gets an absolute right to bail, if they apply.
🔷 3. What Is a Piecemeal Chargesheet?
A piecemeal charge sheet refers to:
Filing of an incomplete charge sheet, or
Filing charge sheets in installments — without completing the entire investigation or without including all necessary documents and accused persons.
This is sometimes done by the investigating agency to defeat the accused’s right to default bail by showing the court that a "charge sheet" has technically been filed before the expiry of 60/90 days.
🔷 4. Why Is This a Problem?
Such a practice circumvents the statutory right to bail.
It denies personal liberty, violating Article 21.
It misuses procedural law to keep a person incarcerated.
Courts have held that only a complete chargesheet (not a “preliminary” or “incomplete” one) satisfies the requirement under Section 167(2) CrPC.
🔷 5. Delhi High Court’s View
In recent rulings, including bail granted in cases under UAPA or serious economic offences, the Delhi High Court has observed:
“Filing an incomplete or piecemeal chargesheet with the intention of avoiding the statutory period for default bail is impermissible. It violates the procedure established by law under Article 21.”
🔷 6. Relevant Case Laws
✅ Uday Mohanlal Acharya v. State of Maharashtra (2001) 5 SCC 453
Supreme Court held that the right to default bail is absolute once accrued.
It cannot be taken away by filing an incomplete chargesheet.
✅ M. Ravindran v. Intelligence Officer, Directorate of Revenue Intelligence (2021) 2 SCC 485
Filing a charge sheet without completing investigation cannot defeat the right to default bail.
Right under Section 167(2) is a fundamental part of personal liberty under Article 21.
✅ Hitendra Vishnu Thakur v. State of Maharashtra (1994) 4 SCC 602
The Court held that the entire investigation must be completed, and only a complete charge sheet can defeat the right to bail under Section 167(2).
Filing a chargesheet without collecting full evidence or documents is not valid.
✅ Sanjay Dutt v. State (1994) 5 SCC 410
Right to default bail accrues automatically if chargesheet is not filed within time.
Filing of additional chargesheets later cannot affect the accrued right.
🔷 7. Impact of the Delhi HC Ruling
Ensures that investigating agencies do not misuse procedural loopholes to prolong detention.
Reinforces that accused have a constitutional right to liberty unless valid grounds exist to deny bail.
Sends a message that filing fragmented or half-baked charge sheets is not acceptable.
🔷 8. Key Takeaways
| Legal Principle | Explanation |
|---|---|
| Article 21 | Protects life and personal liberty |
| Section 167(2) CrPC | Grants default bail if chargesheet not filed in time |
| Piecemeal Chargesheet | Not valid to defeat right to default bail |
| Court’s Stance | Only a complete charge sheet can stop default bail |
| Right to Default Bail | Fundamental, not procedural |
| Violation of Article 21 | Occurs if liberty is curtailed without due process |
🔷 9. Conclusion
The Delhi High Court’s ruling aligns with the Supreme Court’s jurisprudence that:
“Filing of piecemeal chargesheets to deny default bail is a procedural fraud and violates Article 21.”
This upholds the sanctity of the accused’s right to personal liberty and ensures that investigative agencies act within constitutional bounds.
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