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SC:THE ACCUSED HAS 'INDEFEASIBLE RIGHT' TO GET THE DEFAULT/ STATUTORY BAIL.
The Apex court opined that the courts while granting the default bail/statutory bail under section 167(2) of C.r.P.C, the condition to deposit the amount cannot be made mandatory. The constitutional bench of Justice Ashok Bhushan, R. Subhash Reddy, and MR Shah dismissed the condition put forth by Madras High Court while granting default bail/statutory bail to the accused, to deposit the amount of Rs 8, 00,000; as mentioned under section 167(2) of C.r.P.C. that the accused if is in jail for 60-90 days, as the case may be and the investigation is not completed as well as the charge-sheet is not filed by the 60th-90th day and if the accused applies for the bail and is ready to furnish the default/statutory bail, he is required to deposit the said amount in the court.
The court while dealing with the above case mentioned the reason for prolongation of the time period i.e., 15.03.2020 for registering the petition, appeals, application, suits and all other proceedings as prescribed in the order. Due to two reasons, the court passed the decree; first the challenges that aroused due to spread of Covid-19 in the country and the resultant lockdown increased the severity of the problems faced by the litigants for filing the petitions, appeals, suits, application.etc in the country. Secondly the litigants need not to come physically in court or tribunal for filing the case as well as for the proceedings irrespective of the courts across the tribunals.
In addition, the court observed that the condition while granting the regular bail under section 437of C.r.P.C. are different to that of section 167 of C.r.P.C. while granting the default/ statutory bail by enabling the appeal made by the accused against the application of the condition made by the Madras High Court, the supreme court by making reference to the section 167 of C.r.P.C., that when the investigation is not completed within 60-90 days and even the charge-sheet is not filled, the accused gets an “inherent right” to acquire the default/ statutory bail, when the accused applies and present the bail the accused become the eligible for default/statutory bail. The court held that:-
“In order to gain the default bail/statutory bail under Section 167(2), Cr.P.C. the only requisite is that the accused is in jail for more than 60 or 90 days, as the case may be, and within 60 or 90 days, as the case may be, including the investigation is also not completed and the charge-sheet is also not filed by 60th-90th day; the accused is ineligible to apply for the default bail and enjoy its indefeasible right. No further requirement of deposit of the concerned claimed amount can be imposed. Enforcing aforementioned requirements while granting the default/statutory bail to the accused, might thwart the actual purpose of default bail under Section 167(2), Cr.P.C The precedent passed by the supreme court where the accused is eligible to default bail/statutory bail, subject to the subject to the occurring in Section 167, Cr.P.C., specifically, the investigation is not completed within 60 days or 90 days, as the case may be, and no charge-sheet is filed by 60th or 90th day and the accused applies for default bail and is prepared to furnish bail.”
The apex court pointed out that the High Court made the judgment after referring to the decision made by the magistrate and the conditions mentioned under section 437 of C.r.P.C. While granting the regular bail, as the wife also submitted that affidavit to deposit the 7,00,000; and it cannot be the reason for the imposition of such deposit that involved the amount, while the default/statutory bail is granted. Another condition imposed by the High Court was directing the accused to report daily at 10:00 A.M for interrogation until the court passes the further order, in this the court held that the said condition is too harsh and it is unsustainable.
"In lieu, a requirement which can be made mandatory and which will lead the accused to help the investigating officer in during the investigation and assist during the interrogation and continue to present before the concerned police station for investigation and when called for, and on breach, the investigating officer can reach the concerned court for cancellation of the bail on breach of such condition".
The Supreme Court enabled the appeal and dismissed the order passed by the Madras High Court and stated:-
“We, therefore, are of the opinion that neither this Court in its order dated 23.03.2020 can be held to have overshadow the time specified under Section 167(2) of Cr.P.C. nor the limitation which have been levy during the lockdown announced by the Government because of the Covid-19, shall operate as any limitation on the rights of an accused as secure by Section 167(2) relating to his inherent right to acquire a default bail/statutory bail on failure to submit of charge sheet within prescribed time limit,”
Hence, it can be concluded that the court cannot make mandatory the submission of the alleged amount in the court before granting the default/ statutory bail under section 167(2) of CrPc. And the courts while deciding matter as above-mentioned should also consider the difficulties faced by everyone due to the spread of pandemic around us. The default bail becomes the inherent right to the accused when for 60-90 day the accused is behind the bars the investigation is not completed and the charge-sheet is also not filed in the case. The court should also consider the situation while imposing the restrictions on the accused.
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