Code of Criminal Procedure, 1973 – s.167(2) – Procedure when investigation cannot be completed in twenty-four hours – Statutory bail – Grant of – Bail applications filed by the respondent-accused against whom case registered u/ss.3, 4 and 5 of the Official Secrets Act and s.120-B IPC – Dismissal of the applications – Respondent then filed application u/s.167(2) seeking release on bail on the ground that 60 days period had expired since he was arrested, and the charge-sheet against him, was not filed – Application dismissed however, held that the statutory bail would have to be considered, if 60 days had elapsed since the day of the remand – Revision by the State – Pending Revision, the respondent filed a fresh petition u/s.167(2) which was also dismissed – Respondent then filed revision petition, which was allowed by the High Court and respondent was granted bail – Correctness:
Held: As per clause(i) of the proviso (a) to s.167(2) the accused is entitled to the benefit of default bail if the investigation has not been completed in ninety days when it relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years and in sixty days when it relates to any other offence – Section 3 of the 1923 Act though, prescribes maximum punishment up to 14 years, there is no minimum punishment provided under the said provision and punishment for the offence punishable u/s. 5 is maximum up to three years – On facts, since, the investigation was not completed in sixty days, respondent had become entitled to the default bail u/s.167(2)(a) – High Court rightly released the respondent on bail – Official Secrets Act, 1923 – ss.3, 4, 5 – Penal Code, 1860 – s.120B. [Paras 6, 7, 10, 12]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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