S. 167(2), CrPC | Only Date of Submission of Chargesheet Is Relevant For Default Bail, Not Date Of Preparation

Case: Pramesh Pradhan@Rani & Anr. v. State of Orissa

Coram: Justice Bibhu Prasad Routray

Case No.: CRLMC No. 362 of 2022

Court Observation: “As per the language used in Section 167, Cr.P.C., the detention is authorized pending completion of investigation and completion of investigation leads to submission of report under Section 173(2), Cr.P.C. The words used in Section 173(2), Cr.P.C. is ‘as soon as’. Therefore, the inference is that, the investigation has been completed only when the charge-sheet is submitted to the court. Thus, the date of completion of investigation is the date of submission of charge-sheet and reverse.”

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Keywords

Date of Submission of Chargesheet, Date Of Preparation, Default Bail, S. 167(2), CrPC