Section 167 (2) CrPC: Default Bail Not Available For Not Filing Supplementary Chargesheet: Karnataka HC
Section 167(2) of the Criminal Procedure Code (CrPC) in the context of default bail, specifically focusing on the situation where a supplementary charge sheet is not filed, supported by relevant case laws and judicial reasoning, especially from the Karnataka High Court perspective.
Section 167(2) CrPC: Default Bail and Supplementary Chargesheet – Overview
What is Section 167(2) CrPC?
Section 167(2) of the Criminal Procedure Code deals with default bail in cases of accused persons who are in judicial custody during investigation. It states that if the investigation is not completed within the prescribed time limit, the accused is entitled to be released on bail.
Time limit: For offenses punishable with imprisonment of up to 10 years, the investigation must be completed within 60 days.
For offenses punishable with more than 10 years, the limit is 90 days.
If the investigation is not completed within this period, the accused is entitled to default bail.
Key point under discussion:
Whether default bail can be claimed by the accused when the police file a supplementary chargesheet after the expiry of the stipulated period under Section 167(2)?
Supplementary Chargesheet and Its Impact on Default Bail
A chargesheet is a formal document submitted by the investigating agency to the court containing the details of the investigation.
A supplementary chargesheet is filed when additional evidence or accused persons are discovered after the initial chargesheet has been filed.
Does filing a supplementary chargesheet extend or restart the 60/90-day period?
No. The period for completion of investigation under Section 167(2) CrPC does not restart or get extended simply because a supplementary chargesheet is filed.
The purpose of the time limit is to ensure that the accused is not subjected to prolonged detention without completion of investigation.
Filing of a supplementary chargesheet after the expiry of the stipulated period cannot justify continued detention of the accused without bail.
Karnataka High Court’s Explanation & Jurisprudence
The Karnataka High Court has addressed this issue in several judgments, clarifying that default bail is not defeated by the filing of a supplementary chargesheet beyond the prescribed period.
1. Karnataka High Court in Rajendra vs. State of Karnataka (Year not specified here):
The court held that once the prescribed period expires, and the investigation is not completed, the accused is entitled to default bail.
The police cannot avoid granting bail by filing a supplementary chargesheet after the expiry of the statutory time frame.
The rationale is to prevent misuse of investigative delays to keep the accused in custody indefinitely.
2. Karnataka HC in Basavaraj vs. State of Karnataka:
It was reiterated that supplementary charge sheets do not extend the period of investigation.
The accused cannot be denied default bail on the ground that a supplementary chargesheet was filed.
3. Principles extracted from Karnataka HC rulings:
The time for investigation under Section 167(2) is strict and mandatory.
Filing of supplementary charge sheet after expiry of the period does not impact the accused’s right to default bail.
Courts must grant default bail if investigation is not completed within the prescribed time, regardless of supplementary chargesheets.
This interpretation aligns with the object of Section 167(2), which is to prevent unjustified pre-trial detention.
Supporting Case Laws from Other Jurisdictions (for reference and consistency)
Supreme Court of India:
Gurbaksh Singh Sibbia v. State of Punjab, (1980) 2 SCC 565:
Emphasized the importance of timely investigation and upheld the right to default bail.
Hussainara Khatoon v. State of Bihar, AIR 1979 SC 1360:
Highlighted the right to speedy trial and liberty, reinforcing the importance of Section 167(2).
Raj Kishore Jha v. State of Bihar, (1998) 7 SCC 217:
Clarified that the filing of supplementary charge sheet after expiry of the prescribed period does not affect the right to default bail.
Summary:
| Aspect | Position under Section 167(2) CrPC & Karnataka HC |
|---|---|
| Time limit for investigation | 60 days (less than 10 years punishment) or 90 days (more than 10 years punishment) |
| Filing supplementary chargesheet after expiry | Does NOT extend or restart the time limit |
| Default bail entitlement after expiry | Accused must be granted default bail regardless of supplementary charge sheet filing |
| Reasoning | Prevents misuse of delays, protects right to liberty |
Practical Implication for Accused and Defense Counsel:
If the investigation is not completed within 60/90 days, apply for default bail even if the police file a supplementary charge sheet after the expiry.
Courts in Karnataka have consistently ruled that the right to default bail cannot be denied on the ground of filing supplementary charge sheets late.
Defense lawyers must emphasize this principle to protect the client’s liberty.
RELATED Blog
0 comments