Munmun Kaur
Published On: February 08, 2022 at 14:27 IST
The Supreme Court on February 07, held that filing of a Charge-Sheet would amount to sufficient compliance with the provisions of Section 167 of the Code of Criminal Procedure (CrPC). Therefore, the Accused cannot demand release on Default Bail under Section 167(2) CrPC on the ground that cognizance has not been taken before the expiry of 60 days.
The decision came in an Appeal filed by the Serious Fraud Investigation Office against the Delhi High Court Order granting statutory Bail to the partners of the Adarsh Group of Companies and LLP.
The issue before the Apex Court, was whether the Accused in the present Case is entitled to statutory Bail under Section 167(2) CrPC on the ground that cognizance has not been taken before the expiry of 60 days or 90 days, as the case may be, from the date of remand.
A Bench of Justices L Nageswara Rao and BR Gavai hearing the matter referred to a 2013 Supreme Court Judgment in Suresh Kumar Bhikamchand Jain vs State Of Maharashtra & Anr (2013) 3 SCC 77, where the Top Court held that filing of a Charge-Sheet is sufficient compliance with the provisions of Section 167, CrPC and that an Accused cannot demand release on Default Bail under Section 167(2) on the ground that cognizance has not been taken before the expiry of 60 days.
The Bench held that the High Court erred in coming to the conclusion that the Accused cannot be remanded beyond the period of 60 days under Section 167 and that further remand could only be at the post-cognizance stage, as it was not correct in view of the 2013 Judgment in Bhikamchand Jain Case.
Further, the Bench observed that the indefeasible right of an Accused to seek statutory Bail under Section 167(2), CrPC arises only if the Charge-Sheet has not been filed before the expiry of the statutory period.
Concluding the matter, the Apex Court ruled in the favour of the Appellant that the Accused was to continue to be in the Custody of the Magistrate till such time cognizance is taken by the Court trying the offence, which assumes Custody of the Accused for the purpose of remand after cognizance is taken.