Probe agency should not file charge-sheet without completing investigation to deny default bail to accused: SC

 The Supreme Court on Wednesday said that an investigating agency should not file charge-sheet in court without completing a probe to deprive default bail to an accused.

According to Section 167 of the CrPC, an accused will be entitled to default bail if the investigating agency fails to file a charge-sheet within 60 days from the date of remand. For certain category of offences, the stipulated period can be extended till 90 days.

“If an investigating agency files a charge-sheet without completing investigation, the same would not extinguish the right of the accused to get default bail,” a bench of Justices Krishna Murari and Sanjay Kumar said. The top court’s judgment came while granting bail to an accused in a criminal case.