Published on: 14 October 2022 at 09:30 IST
Court – Supreme Court of India
Citation – Jigar @ Jimmy Pravinchandra Adatiya v/s State of Gujarat (2022)
Hon’ble Supreme Court of India has held that grant of extension of time to complete the investigation takes away the indefeasible right of the accused to apply for default bail under aegis of Section 167 of the Code of Criminal Procedure, 1973.
It is held that the failure to produce the accused before the Court at the time of consideration of the application for extension of time will amount to a violation of the right guaranteed under Article 21 of the Constitution.
Para – 36
The logical and legal consequence of the grant of extension of time is the deprivation of the indefeasible right available to the accused to claim a default bail. If we accept the argument that the failure of the prosecution to produce the accused before the Court and to inform him that the application of extension is being considered by the Court is a mere procedural irregularity, it will negate the proviso added by sub-section (2) of Section 20 of the 2015 Act and that may amount to violation of rights conferred by Article 21 of the Constitution.
The reason is the grant of the extension of time takes away the right of the accused to get default bail which is intrinsically connected with the fundamental rights guaranteed under Article 21 of the Constitution. The procedure contemplated by Article 21 of the Constitution which is required to be followed before the liberty of a person is taken away has to be a fair and reasonable procedure.
In fact, procedural safeguards play an important role in protecting the liberty guaranteed by Article 21. The failure to procure the presence of the accused either physically or virtually before the Court and the failure to inform him that the application made by the Public Prosecutor for the extension of time is being considered, is not a mere procedural irregularity. It is gross illegality that violates the rights of the accused under Article 21.
Drafted by Abhijit Mishra
Key Words – Default Bail, Investigation, Time Extension.