Time Extension To File Chargesheet Not Empty Formality: Supreme Court

Section 167 of the Code of Criminal Procedure Code provides for the grant of default bail to an accused if the probe agency fails to conclude the investigation and file a chargesheet within a stipulated period of either 60 or 90 days in a court of competent jurisdiction.

 The Supreme Court said on Friday the extension of time granted to probe agencies to file chargesheets in criminal cases is not an "empty formality" because it deprives the accused of their "indefeasible right" to seek default bail due to non-completion of investigation during the stipulated period.

The top court, in a significant verdict, set aside the Gujarat High Court judgement by which it had upheld a local court's decision to extend the time to conclude a probe from 90 to 180 days behind the back of the accused in a criminal case and ordered the release of the undertrials on default bail.

Section 167 of the Code of Criminal Procedure Code provides for the grant of default bail to an accused if the probe agency fails to conclude the investigation and file a chargesheet within a stipulated period of either 60 or 90 days in a court of competent jurisdiction.

Some special legislations like the Gujarat Control of Terrorism and Organised Crime Act, 2015 permit the prosecuting agencies to seek extension of time to file chargesheet up to a period of 180 days to deny default bail to the accused in heinous offence cases.