📌 PROBLEM-BASED QUESTION (20 MARKS)

A is arrested on 1 January 2024 for offences punishable under Sections 420 and 406 IPC. He is produced before the Magistrate and remanded to judicial custody. The investigation is not completed within 60 days and no charge-sheet is filed.

On 3 March 2024, A files an application seeking bail under Section 167(2) CrPC. The prosecution opposes the application contending that the charge-sheet is ready and will be filed shortly.

Meanwhile, before the bail application is decided, the charge-sheet is filed on 5 March 2024.

Decide the bail application. Give reasons with relevant case law.

✍️ MODEL ANSWER (IRAC FORMAT)

ISSUE

Whether the accused A is entitled to default/statutory bail under Section 167(2) CrPC, despite the filing of the charge-sheet after expiry of the statutory period but before disposal of the bail application.

RULE

Section 167(2) CrPC provides that where the investigation is not completed within the prescribed period (60 days for offences punishable up to 10 years), the accused shall be released on bail if he applies for bail and is prepared to furnish surety.

The Hon’ble Supreme Court has held that:

• The right to default bail is an indefeasible right
  (Uday Mohanlal Acharya v. State of Maharashtra).

• Once this right accrues and the accused applies for bail, it cannot be defeated by subsequent filing of the charge-sheet
  (M. Ravindran v. Intelligence Officer, DRI).

• The right flows from Article 21 of the Constitution
  (Rakesh Kumar Paul v. State of Assam).

APPLICATION

In the present case, the accused was arrested on 1 January 2024. The statutory period of 60 days expired on 1 March 2024. Admittedly, no charge-sheet was filed within the prescribed period.

The accused applied for default bail on 3 March 2024, after accrual of his right under Section 167(2) CrPC. The subsequent filing of the charge-sheet on 5 March 2024 is of no consequence, as the right had already crystallised.

The contention of the prosecution that the charge-sheet was ready or filed shortly thereafter cannot defeat the statutory right of the accused.

CONCLUSION

The accused A has acquired an indefeasible right to default bail under Section 167(2) CrPC. Accordingly, the bail application deserves to be allowed.

A is entitled to be released on default bail on furnishing the requisite bond and sureties, subject to conditions imposed by the Court.

🏆 READY-TO-QUOTE EXAM FINISHER LINE

“Once the right to default bail accrues, it cannot be frustrated by subsequent filing of the charge-sheet.”

(M. Ravindran v. Intelligence Officer, DRI)

🔑 MARKING STRATEGY (WHY THIS SCORES HIGH)

✔ Clear identification of statutory period
✔ Correct use of ‘indefeasible right’
✔ Proper sequencing of dates
✔ Supreme Court case law
✔ Balanced judicial tone