June 24, 2024
Why in News ?The Supreme court has reaffirmed that the moment the stipulated 60 or 90 day remand period, as the case may be, expires, an indefeasible right to default bail accrues to the accused.
IN a significant decision furthering the cause of personal liberty, the Supreme Court has recently held that the remand period under Section 167 (procedure when investigation cannot be completed in twenty-four hours) of the Code of Criminal Procedure (CrPC) ought to be computed from the date when a magistrate authorises remand.
A three-judge bench comprising Justices K.M. Joseph, Hrishikesh Roy and B.V. Nagarathna was ruling on a petition filed by the Directorate of Enforcement (ED) against the Bombay High Court’s decision granting default bail to Dewan Housing Finance Corporation Ltd promoters Kapil Wadhawan and Dheeraj Wadhawan, in the Yes Bank money laundering case.
What is indefeasible right to default bail?
India-Specific Context:
This concept of “indefeasible right to default bail” applies primarily in India’s legal system. It stems from Section 167 of the Criminal Procedure Code (CrPC).
Right to Default Bail:
Indefeasible Right:
Key Points:
About Section 167 of the Criminal Procedure Code (CrPC):
Section 167 of the Criminal Procedure Code (CrPC) of India deals with the procedure to be followed when an investigation cannot be completed within 24 hours.
Section 167 CrPC provides the legal framework for the detention of an accused person when the investigation is incomplete and the police require additional time to gather evidence. The key aspects of this section are:
Several landmark judgments have interpreted and elucidated the provisions of Section 167 CrPC:
The Supreme Court emphasized that the detention beyond the initial 24 hours must be strictly in accordance with the procedure established by law and subject to judicial scrutiny.
The Supreme Court clarified that the initial period of detention (15 days) could be in police custody, but any subsequent detention must be in judicial custody. This ensures that the accused is not unduly harassed or coerced by the police.
The Supreme Court ruled that if the charge sheet is not filed within the stipulated period (60 or 90 days), the accused is entitled to bail as a matter of right, and this right cannot be defeated by subsequently filing the charge sheet before the bail is granted.
The Court reiterated that the right to statutory bail under Section 167(2) CrPC is an indefeasible right of the accused and must be granted if the investigation is not completed within the prescribed period.
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