Statutory Bail under Sec.167 CrPC: HC explains difference between Date of Preparation and Date of submission of Chargesheet, Read Judgment

The Orissa High Court has reiterated that only date of 'submission of chargesheet' is relevant for the purpose of default bail under Section 167 (2) CrPC and not 'date of preparation.'

The Justice Bibhu Prasad Routray allowed the petition assaling Trial Court order denying bail on ground that charge-sheet was 'prepared' within the stipulated time period.

The charge-sheet was submitted on 16th January, 2022. But the date mentioned under the signature of the I.O. at the last page is dated 10th January, 2022 though the date mentioned in the first page of the charge-sheet is 13 th January, 2022.

The bail application was rejected by the Trial Court on the ground that charge-sheet was within the stipulated time as it was prepared on 10.01.2021 as per the date mentioned on the last page of the same.

The Counsel for the petitioner has contended that rejecting their application for bail is against the principles of law enumerated in Section 167(2) of the Cr.P.C. and such an interpretation of the learned Sessions Judge with regard to the date of submission of charge-sheet is not permissible. Reliance was placed on Lambodar Bag vs. State of Orissa to contend that rejection of bail for non-completion of investigation within 180 days from the date of custody is illegal and liable to be set aside.

He thus pleaded that the Petitioners should be released on default bail as a matter of right guaranteed under the provisions contained in Section 167(2) of the Cr.P.C. read with Section 36-A(4) of the N.D.P.S. Act.

The Court at the outset noted that it is the settled law that right guaranteed under Section 167(2), Cr.P.C. to the accused is indefeasible. It added that in various decisions, the Courts have answered on five points relating to release of an accused in terms of Section 36-A(4) of the N.D.P.S. Act read with Section 167 (2) of the Cr.P.C which is in affirmative and in favour of the accused.

Next, the Court noted that admittedly charge-sheet was filed on 16th January, 2022, therefore irrespective of any date mentioned regarding preparation of the charge-sheet, the date of its submission before the Court is only relevant for the purpose of default bail under Section 167 (2) of the Cr.P.C.

"As per the language used in Section 167, Cr.P.C., the detention is authorized pending completion of investigation and completion of investigation leads to submission of report under Section 173(2), Cr.P.C. The words used in Section 173(2), Cr.P.C. is ‘as soon as’."

It concluded that the investigation is completed only when the charge-sheet is submitted to the court. 

The Court allowed the petition noting that in the present case, the indefeasible right of the Petitioners for their release on default bail has been violated.

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