In this case the Supreme Court laid down the principle related to the right to default bail under the Code of Criminal Procedure, 1973. SC discusses the importance of personal liberty and the right to default bail. The Code of Criminal Procedure provides that an accused person has the right to be released on bail if the investigation is not completed within a certain period of time. However, this right can be extinguished if a chargesheet is filed within the stipulated period.

The filing of a supplementary chargesheet cannot be used to scuttle the right of default bail. In the present case, the accused person was not named in the FIR or in any of the supplementary chargesheets. The investigation was not completed within the stipulated period of time. Therefore, the accused person has the right to be released on default bail.

RITU CHHABARIA … PETITIONER(S)
VERSUS
UNION OF INDIA & ORS.
… RESPONDENT(S) decided by the Supreme Court in April 2023.

By aor.sanjivnarang@gmail.com

Sanjiv Narang Adv. is an Advocate on Record in the Supreme Court of India. His qualifications include an LLB from University of Delhi and a Masters degree in Personnel Management from Panjab University,Chandigarh.In his more than 3 decades of experience, he has practiced law at the District, High Court and Supreme Court levels.He also has more than a decade of experience in the field of Management. He is the author of two books namely Laws for Women in India and Innovation, Why What and How.