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Chargesheet not having authority's valid sanction no ground for grant of default bail under 167 Crpc
Introduction: Section 167 of the Code of Criminal Procedure, 1973 (CrPC) deals with the detention of an accused person during the course of the investigation. This section provides that if the investigation is not completed within 24 hours, the accused can be produced before the Magistrate, who can authorize the detention of the accused for a period of 15 days. If the investigation is still not completed within that period, the accused can be further detained for a period of 15 days, and thereafter, for a period of 90 days, subject to certain conditions. The section also provides that if the investigation is not completed within 60 or 90 days, as the case may be, the accused is entitled to default bail.
Background: In the case of Ranjitsingh Brahmajeetsingh Sharma v. State of Maharashtra (2019), the issue before the Supreme Court was whether a chargesheet filed by the investigating agency without the valid sanction of the competent authority would entitle the accused to default bail under Section 167 of the CrPC.
Facts of the case: In this case, the accused was arrested in connection with a case of fraud and forgery. The investigating agency filed a chargesheet against the accused after the expiry of the 90-day period of detention. The accused sought default bail on the ground that the chargesheet was filed without the valid sanction of the competent authority. The trial court granted default bail, which was upheld by the High Court.
Judgment: The Supreme Court, in its judgment, held that the mere fact that the chargesheet was filed without the valid sanction of the competent authority does not entitle the accused to default bail. The Court observed that the provision of default bail is a safeguard against prolonged detention of an accused during the course of investigation, and it cannot be used as a tool to frustrate the investigation or to defeat the ends of justice. The Court further held that the validity of the chargesheet can be challenged only on the ground of lack of jurisdiction or legal bar, and not on the ground of lack of sanction.
Analysis: The judgment in Ranjitsingh Brahmajeetsingh Sharma v. State of Maharashtra clarifies that the accused cannot seek default bail merely on the ground that the chargesheet was filed without the valid sanction of the competent authority. This decision provides a much-needed balance between the rights of the accused and the interest of justice. It also ensures that the accused cannot take advantage of technicalities to delay the trial and evade the consequences of their actions.
Conclusion: In conclusion, the decision of the Supreme Court in Ranjitsingh Brahmajeetsingh Sharma v. State of Maharashtra has settled the law on the issue of whether the chargesheet not having authority's valid sanction is a ground for the grant of default bail under Section 167 of the CrPC. The judgment reiterates that the provision of default bail is a safeguard against prolonged detention and cannot be used as a tool to frustrate the investigation or to defeat the ends of justice.
