The Bench was hearing the Central government’s application seeking the recall of a top court verdict which ruled that an accused will be entitled to default bail if an incomplete chargesheet is filed by the investigating agency.
The Court had, on April 26, ruled in the case of Ritu Chhabaria v. Union of India that default bail under the Criminal Procedure Code (CrPC) is an important right and it cannot be scuttled by filing chargesheets before the probe is complete.
A Bench of Justices Krishna Murari and CT Ravikumar had stressed that the right of default bail was not merely a statutory right, but a fundamental one that flows from Article 21 of the Constitution.
Hence, a chargesheet cannot be filed before completing investigation only to deprive the accused person of default bail, the Court had underlined.
Source: Barandbench
