The Rajasthan High Court has held that computation of period of detention for Statutory Bail under Section 167 CrPC has to be afresh if on re-arrest of accused, graver offence(s) are added.
The single-judge bench of Justice Pushpendra Singh Bhati while dealing with a Criminal Revision held that if an additional or new offence(s) are found to be made out by the investigating authority, against an accused, then the computation of the period, as laid down under Section 167 Cr.P.C. would be done afresh.
The petitioner-accused herein was arrested under charges for abduction and was taken into custody for a day before his release. However, subsequently the petitioner was again arrested and took into custody.
His Counsel contended that the total period of the petitioner’s custody was beyond the mandated time period, as prescribed under Section 167(2) Cr.P.C. He averred that the petitioner-accused is also entitled to statutory / default bail, and that his right to seek the same has accrued on the ground that the period, as laid down in Section 167 (2) Cr.P.C., of 90 days, was exceeded and he was kept in custody for a total period of 92 days.
He further contended that that the period, during which the accused–petitioner was arrested for the first time, and detained in custody, before which the additional offences were added by the investigation officer, would be computed and therefore the total period of detention of the accused person in custody would exceed 90 days, making him entitled to default/statutory bail.
Reliance was placed on Serious Fraud Investigation Office Vs. Rahul Modi, 2022 Latest Caselaw 129 SC.
Learned APP, on the other hand, opposed the petition, and submitted that the Court via the impugned order, has rightly held that once a charge sheet has been filed and cognizance has also been taken against the accused–petitioner, the right to claim bail under Section 167 (2) Cr.P.C. does not subsist. And that, since the accused–petitioner made the application seeking default/statutory bail after the charge sheet was filed, he relinquished his right to seek bail as a matter of right under Section 167 (2) Cr.P.C., he added.
Reliance was placed on Sanjay Dutt Vs. State of Maharashtra, 1995 Latest Caselaw 557 SC.
High Court's Analysis
The Court broke down the case into two legal issues needed to be decided:
1. Whether the learned Court below, in computing the total period of detention of accused person as under Section 167 (2) Cr.P.C. , during which the accused – applicant was in custody, was right to exclude the period during which he was previously remained in custody, and subsequently released on bail i.e. before which the additional offences against him were found to be made out by the investigating officer.?
2. Whether a bail application, under Section 167 (2) Cr.P.C., seeking default/statutory bail, filed after the charge sheet, although the charge sheet has been filed after the expiry of the prescribed statutory time limit under Section 167 (2) Cr.P.C., would be maintainable?
The Court noted that, during the period of investigation, the investigating officer filed an application under Section 437(3) Cr.P.C. before the Judicial Magistrate upon finding that the accused– petitioner had allegedly committed offences under other Sections of the I.P.C., namely Sections 457, 342, 366A, 376(2)(n), 376D, along with offences under the Protection of Children from Sexual Offences Act, 2012 (POCSO), namely Sections 3/4, 5(G)/6 which was accepted by the learned Magistrate and permission was granted to the Investigating Officer to arrest the petitioner.
In view of the law laid down by Achpal @ Ramswaroop & another Vs. State of Rajasthan, 2018 Latest Caselaw 683 SC, Rakesh Kumar Paul Vs. State of Assam, 2017 Latest Caselaw 574 SC and
M RAVINDRAN vs. INTELLIGENCE OFFICER, DIRECTORATE OF REVENUE INTELLIGENCE, 2020 Latest Caselaw 569 SC, the Court observed that if an additional or new offence(s) are found to be made out by the investigating authority, against an accused, then the computation of the period, as laid down under Section 167 Cr.P.C. would be done afresh.
In light of the above, the Court observed that the learned Court below, after appreciating relevant judicial precedents, has rightly found that the total period of detention of the accused-petitioner have to begun from 27.10.2021, until when the charge sheet was filed on 24.01.2022. And therefore, the charge sheet was rightly filed within the stipulated 90 days’ time period as laid down under Section 167 (2) (a) (I) Cr.P.C.
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