SC: If the accused fails to comply with the terms & conditions of the bail order, his continued detention in custody is valid
Shivani Bhati | Nov 24, 2021 |
If the accused fails to comply with the terms & conditions of the bail order, his continued detention in custody is valid
Appeal before the Supreme Court against the judgment dated 21.11.2019 passed in Crl. O.P. No. 9750 of 2019 by the High Court of Judicature at Madras.
In common legal parlance, the right to bail under the Proviso to Section 167(2) is commonly referred to as ‘default bail’ or ‘compulsive bail’ as it is granted on account of the default of the investigating agency in not completing the investigation within the prescribed time, irrespective of the merits of the case.
Section 36A of the NDPS Act prescribes modified application of the CrPC as indicated therein. The effect of Sub-clauses (4) of Section 36A, NDPS Act is to require that investigation into certain offences under the NDPS Act be completed within a period of 180 days instead of 90 days as provided under Section 167(2), CrPC. Hence the benefit of additional time limit is given for investigating a more serious category of offences. This is augmented by a further Proviso that the Special Court may extend time prescribed for investigation up to one year if the Public Prosecutor submits a report indicating the progress of investigation and giving specific reasons for requiring the detention of accused beyond the prescribed period of 180 days. In the matter on hand, it is admitted that the Public Prosecutor had not filed any such report within the 180-day period for seeking extension of time up to one year for filing final report/additional complaint before the Trial Court.
Supreme Court held that the impugned judgment of the High Court stands set aside and the Trial Court judgment stands confirmed. However, additionally direct that apart from furnishing the sureties as directed by the Trial Court, the Appellant accused should also surrender his passport, undertake to report to the Respondent Directorate when required for purposes of investigation, and also undertake to not leave Chennai city limits without the leave of the Trial Court. This should alleviate any concerns about the Appellant absconding from the jurisdiction of the Court.
To Read the Judgment Download PDF Given Below :
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