HC passes directions to protect undertrials' right to 'default bail'

New Delhi: While granting bail to an accused whose judicial custody was being extended time and again, despite the time limit of 90 days for filing a chargesheet having expired, the Delhi High Court has now issued a slew of directions to ensure that an undertrial's custody is not extended mechanically and that their right to seek "default bail" is not infringed upon.

Justice Manoj Kumar Ohri issued the directions, ruling that the exercise of remanding an undertrial to custody or extending it is a judicial exercise and must require the application of mind.

The high court directed the concerned Magistrate or court to not extend the custody of undertrials to the maximum of 15 days mechanically and said that they must also consider the time limits for filing chargesheets according to the concerned specific legislation which might be 60 days, 90 days or 180 days, depending on the charge.

"The custody shall be extended while keeping in mind the 60th, 90th or 180th day (depending on the nature of offence and applicability of any Special Act) of completing the investigation and submission of charge sheet. If such 60th, 90th or 180th day falls before the maximum extension period of 15 days, then the custody shall be extended only upto the 60th , 90th or 180th, as may be applicable," the court said.

The court added that as a necessary corollary to the above direction, the undertrial must be produced before the concerned court the day after the time limit for filing chargesheet, expires — i.e. the 61st, 91st or 181st day of the investigation (as the case may be).

The court said this must be done "so that he can be duly informed of his fundamental right to seek default bail if no charge sheet is filed in the maximum period prescribed or the permitted extended period of investigation, as the case may be".

The high court went on to order changes to the format of the Custody Warrant, mandating that a column be added which shows the date on which an undertrial will be eligible to seek "default bail" if a chargesheet is not filed within that time.

Justice Ohri further directed the Delhi Legal Services Authority to instruct its advocates and legal aides in criminal courts to inform an undertrial of their right to seek "default bail" and so have the jail authorities been directed to inform undertrials of this default bail date.

The court went on to seek a report from the high court Registrar General and DG Prisons on the steps being taken to inform undertrials of this right to seek "default bail" and said this report be placed before it within four weeks. The matter will now be heard on November 18.