Supreme Court: Cannot grant default bail based on Ritu Chhabria case

New Delhi, May 13

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The Supreme Court has clarified that courts couldn’t grant default bail on the basis of its judgment in the Ritu Chhabria case that said a chargesheet or prosecution complaint could not be filed by an investigating agency without completing the probe only to deprive an accused of his right to statutory bail.

“We clarify that interim order of this court dated May 1, 2023, shall not preclude any trial court or HC from the grant of default bail independent of, and not relying upon, the Ritu Chhabria judgment on April 26, 2023,” a Bench led by CJI DY Chandrachud said on Friday.

The clarification came on the Centre’s plea seeking recall of its verdict in the Chhabria case. As Solicitor General Tushar Mehta said the government was in the process of filing a petition seeking review of the judgment, the Bench posted the matter for further hearing in July.

According to Section 167(2) of the CrPC, an accused will be entitled to default bail if the investigating agency fails to file a chargesheet within 60 or 90 days, as the case may be, from the date of remand.