Section 167(2) Cannot Used For Seeking Time To File Supplementary Charge-sheets After Filing One Charge Sheet Just To Extend The Time Limit

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Case: Fakhrey Alam vs. State of Uttar Pradesh

Coram: Justices Sanjay Kishan Kaul and R. Subhash Reddy

Case No: [CrA 319 OF 2021]

Court Observation: “We do not think that the State can take advantage of the fact that in one case there is one charge sheet and supplementary charge sheets are used to extend the time period in this manner by seeking to file the supplementary charge sheet qua the offences under the UAPA Act even beyond the period specified under Section 167 of the Cr.P.C beyond which default bail will be admissible, i.e., the period of 180 days.

That period having expired and the charge sheet not having been filed qua those offences (albeit a supplementary charge sheet), we are of the view the appellant would be entitled to default bail in the aforesaid facts and circumstances.”, the court said.

“We cannot lose sight of the fact that what was envisaged by the Legislature was that the investigation should be completed in 24 hours but practically that was never found feasible.

It is in these circumstances that Section 167 of the Cr.P.C. provided for time period within which the investigation should be completed, depending upon the nature of offences. Since, liberty is a Constitutional right, time periods were specified in the default of which the accused will have a right to default bail, a valuable right, the court added.


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