Supreme Court · 2023 INSC 436 · Decided 26 April 2023
Ritu Chhabaria v. Union of India & ORS.
- Court
- Supreme Court of India
- Citation
- 2023 INSC 436 · [2023] 3 S.C.R. 826
- Case number
- WRIT PETITION (CRIMINAL) No. 60/2023
- Decided
- 26 April 2023
- Bench
- KRISHNA MURARI, C.T. RAVIKUMAR (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 167(2), 167, 173(8); Constitution Article 21, 32
Headnote
Code of Criminal Procedure, 1973 - s.167(2) - Right of default bail - A chargesheet, if can be filed in piecemeal without first completing the investigation and whether the filing of such chargesheet extinguishes the right of an accused for grant of default bail - Held: completing the investigation of a case, a chargesheet or prosecution complaint cannot be filed by an investigating agency only to deprive an arrested accused of his right to default bail u/s.167(2) - Such a chargesheet, if filed, would not extinguish the right to default bail u/s.167(2)
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