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Accused Entitled To Default Bail On Expiry Of 90 Days Even If Charge Sheet Returned Due To Technical Reasons

Once accused were arrested for crime committed by them and petition filed by them for fair and impartial investigation, the High Court held that investigation shall be conducted by a Gazette police officer,not below the rank of Additional Superintendent of Police (ASP).

The investigation is to be completed within 3 months since the accused is put in custody as per Mandate of 167 of the code of Criminal Procedure and a report to that extent have to be filed u/s 173 by police officer before the concerned Judicial Magistrate.

The accused having shown their willingness to be admitted to the benefits s of bail and having filed an appropriate application, an indefeasible right did not accrue in their favour. Appellants entitled to be admitted to bail in terms of 167(2) of Code even if charge sheet filed by police was returned by the Magistrate for technical reason and on such terms and conditions,as trial Court may deem appropriate.

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