Investigating Agency Can’t Defeat Right Of Statutory Bail By Filing Police Report Without Completing Investigation:..
Principle: Investigating Agency Cannot Frustrate Statutory Bail Rights by Filing Police Report Without Completing Investigation
Background:
Statutory bail under Section 167(2) of the Code of Criminal Procedure (CrPC) is a fundamental right of an accused.
It mandates that if the investigation is not completed within the prescribed time (usually 90 days for serious offenses, 60 days for others), the accused is entitled to default bail.
The right is automatic and mandatory once the statutory period lapses.
Issue:
Some investigating agencies attempt to defeat this statutory right by filing a "final" police report or charge sheet without completing the investigation, thereby contending that the accused is no longer entitled to default bail.
Legal Position:
Incomplete Investigation Cannot Be Treated as Complete:
If the police file a final report without completing the investigation or without sufficient material, it cannot be said that the investigation is complete.
No Defeating Statutory Bail:
The investigating agency cannot circumvent the mandatory provision of bail by prematurely filing reports just to show “completion” of investigation.
Judicial Safeguard:
Courts have consistently protected the right to statutory bail and examined whether the investigation was truly complete before denying bail.
Filing Final Report Does Not Nullify Bail Rights:
If the report is not properly made or investigation incomplete, accused is still entitled to bail.
Key Case Laws
1. Sanjay Chandra v. CBI, (2012) 1 SCC 40
Supreme Court emphasized the right to statutory bail under Section 167(2) CrPC.
Held that the period for investigation cannot be extended by mere filing of an incomplete final report.
2. Sushil Kumar Sharma v. Union of India, (2005) 6 SCC 281
The Court observed that the police cannot file a report prematurely just to defeat the accused’s right to default bail.
The investigating agency must complete the investigation meaningfully.
3. Hussainara Khatoon v. State of Bihar, AIR 1979 SC 1369
The Court stressed the right of an accused to not be subjected to detention beyond the statutory period unless investigation is genuinely complete.
4. Anil Sharma v. State (NCT of Delhi), (2010) 5 SCC 234
The Court held that the filing of final report or charge-sheet must be bona fide and not to circumvent statutory bail provisions.
5. Gurbaksh Singh Sibbia v. State of Punjab, AIR 1980 SC 150
Held that the investigation must be completed within the statutory period.
Mere technical filing of report does not amount to completion if investigation is pending.
Summary Table:
| Aspect | Legal Position |
|---|---|
| Statutory bail (Section 167(2)) | Bail mandatory if investigation not completed within time |
| Filing final report prematurely | Cannot defeat right to bail if investigation is incomplete |
| Investigation completion | Must be bona fide and meaningful |
| Judicial scrutiny | Courts protect accused’s right against abuse by police |
| Consequence of violation | Accused entitled to default bail |
Conclusion:
The right to statutory bail is a fundamental safeguard against prolonged detention without trial. Investigating agencies cannot defeat this right by filing police reports without completing the investigation. The Courts uphold that filing of such reports must be genuine and not a tactic to deny bail. Any attempt to circumvent the statutory time limit results in the accused being entitled to default bail.
RELATED Blog
0 comments