Accused Cannot Invoke Default Bail Solely Due to Pending Investigations Against Co-Accused or an Incomplete Chargesheet : Supreme Court
The Supreme Court, in the case of CENTRAL BUREAU OF INVESTIGATION VERSUS KAPIL WADHAWAN & ANR., ruled that an accused cannot avail the statutory right of default bail once a charge-sheet is filed against them, even if the investigation is pending against other co-accused. The Court clarified that incomplete submission of the charge-sheet or pending investigations do not grant the accused the right to be released on default bail.
The Court emphasized that the non-filing of all documents along with the charge-sheet does not invalidate it, and the court takes cognizance of the offense, not the offender. It reiterated that the report is complete if it includes all necessary documents and witness statements, as required by Section 175(5).
Overturning the High Court and Trial Court findings, the Bench of Justices Bela Trivedi and Pankaj Mithal held that the statutory right to default bail, arising from the non-filing of a charge-sheet within the prescribed time under Section 167(2) Cr.P.C., cannot be exercised once a charge-sheet is filed, even if it lacks certain offense details.
The Court stated, "The benefit of proviso appended to sub-section (2) of Section 167 of the Code would be available to the offender only when a charge-sheet is not filed and the investigation is kept pending against him. Once, however, a charge-sheet is filed, the said right ceases."
The judgment, authored by Justice Trivedi, clarified that the pendency of further investigation or the absence of certain documents at the time of filing the charge-sheet does not vitiate it or entitle the accused to claim default bail. The Court allowed the appeal filed by the Central Bureau of Investigation (CBI) against the Delhi High Court's decision, setting aside the Trial Court's order granting default bail to the Wadhawan Brothers.
The ruling aligned with the Court's April 2023 decision in Ritu Chhabaria v. Union of India, where it held that an investigating officer cannot file an incomplete charge-sheet to undermine the right to default bail. However, a subsequent larger bench order led by the Chief Justice of India advised Trial Courts not to grant default bail based on the Ritu Chhabaria judgment, a decision contested by Central Agencies seeking its recall.