Computation Of Period Of Detention For Default Bail U/S 167 CrPC Is To Be Done Afresh If Additional Offence Found Against Accused
Case: Akheraj v. State of Rajasthan
Coram: HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Case No.: S.B. Criminal Revision Petition No. 233/2022
Court Observation: This Court hereby observes that the right to seek default/statutory bail accrues to the accused in the nature of an indefeasible right, only if such remedy by preferring an appropriate application has been availed of within the prescribed window from the date of expiry of total period of detention of accused person(s) under Section 167(2) Cr.P.C., until filing of the charge-sheet.”
“A bare perusal of Section 167 (2) Cr.P.C. reveals that under sub-section (2) (a) (I) of 167 Cr.P.C., the period of 90 days would be computed when the investigation, with regard to that particular offence(s), began. The offence under Section 363 I.P.C. would attract the application of Section 167 sub-section (2) (a) (ii) of Cr.P.C. since the maximum / upper limit period of imprisonment under the said section would be 60 days. Regardless of that fact, this Court finds that if an additional or new offence(s) are found to be made out by the investigating authority, against an accused, then the computation of the period, as laid down under Section 167 Cr.P.C. would be done afresh.”
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