Top Quotes FromTop Court: Supreme Court Weekly Review [January 16-22]

As promised, we bring to you a compilation of the most impactful observations made by the Supreme Court, a judicial ‘action recap’, as it were! Here are our top picks from the week starting from Monday, January 16: 1. Default bail not an order on merits and can be cancelled “When an accused is released on default bail under proviso to subsection (2) of Section 167 Code of Criminal Procedure, he is released on furnishing the bail bond by him on the failure of the investigating agency to complete the investigation and file the chargesheet within the stipulated time mentioned therein. The proviso fixes the outer limit within which the investigation must be completed and if the same is not completed within the period prescribed therein, the accused has a right to be released on bail if he is prepared to and does furnish bail. The object and purpose is to impress upon the need for expeditious investigation within the prescribed time limit and to prevent laxity in that behalf. The object is to inculcate a sense of its urgency and on default the Magistrate shall release the accused if he is ready and does furnish bail. Thus, it cannot be said that order of release on bail under the proviso is an order on merits. An accused is released on bail under the proviso on the failure of the prosecuting agency. Therefore, the deeming fiction cannot be interpreted to the length of converting the order of bail not on merits as if passed on merits. when special reasons/grounds are being made out from the chargesheet and the chargesheet reveals the commission of a nonbailable crime, the bail in favour of a person, who has been released on default bail under the section can be cancelled…Mere filing of the chargesheet subsequent to a person is released on default bail under Section 167(2) cannot be a ground to cancel the bail of a person, who is released on default bail. However, on filing of the chargesheet on conclusion of the investigation, if a strong case is made out and on merits, it is found that he has committed a non-bailable offence/crime, on the special reasons/grounds and considering Section 437(5) and Section 439(2), over and above other grounds on which the bail to a person, who is released on bail can be cancelled on merits. Therefore, there is no absolute bar that once a person is released on default bail under Section 167(2), his bail cannot be cancelled on merits and his bail can be cancelled on other general grounds like tampering with the evidence/witnesses; not cooperating with the investigating agency and/or not cooperating with the concerned Trial Court etc. ” [Justice M.R. Shah in State through CBI v. T. Gangi Reddy @ Yerra Gnagi Reddy, 2023 LiveLaw (SC) 37] 2. Inability to cancel default bail rewards lethargic investigation and negligence “The submission that once an accused is released on default bail under Section 167(2) of the Code of Criminal Procedure, 1973, his bail cannot be cancelled on merits is accepted, in that case, it will be giving a premium to the lethargic and/or negligence, may be in a given case of deliberate attempt on the part of the investigating agency not to file the chargesheet within the prescribed time period. In a given case, even if the accused has committed a very serious offence, may be under the Narcotic Drugs and Psychotropic Substances Act, 1985 or even committed murder(s), still however, he manages through a convenient investigating officer and he manages not to file the chargesheet within the prescribed time limit mentioned under the section and got released on default bail, it may lead to giving a premium to illegality and/or dishonesty. Such release of the accused on default bail is not on merits at all and is on the eventuality occurring in proviso to sub-section (2) of Section 167. However, subsequently on curing the defects and filing the chargesheet, though a strong case is made out that an accused has committed the very serious offence and non-bailable crime, the Court cannot cancel the bail and commit the person into custody and not to consider the gravity of the offence committed by the accused, the Courts will be loathe for such an interpretation, as that would frustrate the justice. The Courts have the power to cancel the bail and to examine the merits of the case in a case where the accused is released on default bail and released not on merits earlier. Such an interpretation would be in furtherance to the administration of justice.” [Justice M.R. Shah in State through CBI v. T. Gangi Reddy @ Yerra Gnagi Reddy, 2023 LiveLaw (SC) 37] 3. Adopted son’s rights under Hindu law & right to draw family pension different “On adoption by a widow, the adopted son or daughter is deemed to be a member of the family of the deceased husband of the widow. The said provisions of the HAMA Act, 1956 determine the rights of a son adopted by a Hindu widow only vis-à-vis his adoptive...

Top Quotes FromTop Court: Supreme Court Weekly Review [January 16-22]

Awstika Das

Tags