M. Ravindran v Intelligence Officer, Directorate of Revenue Intelligence
AIR 2020 SC 5245; Criminal Appeal No. 699 of 202020201 min read
The case in brief30-second read
- Facts
- The accused, held for an offence under the NDPS Act, applied for default bail under S.167(2) CrPC after the statutory period expired without a charge sheet. The trial court granted bail, but the prosecution filed an additional complaint afterwards, and the High Court set the bail aside.
- Issue
- Whether the right to default bail is defeated by a charge sheet or complaint filed after the accused has applied for it.
- Held
- The right to default bail is an indefeasible right that accrues when the period expires and is availed of when the accused applies for bail. It cannot be defeated by the prosecution filing a charge sheet, additional complaint or extension report after the application. The accused must still comply with the bail order. The High Court order was set aside.
- Principle
- The right to default bail is availed of by applying, and a later charge sheet cannot defeat it.
Facts
- The accused, held for an offence under the NDPS Act, applied for default bail under S.167(2) CrPC after the statutory period expired without a charge sheet. The trial court granted bail, but the prosecution filed an additional complaint afterwards, and the High Court set the bail aside.
Issue
- Whether the right to default bail is defeated by a charge sheet or complaint filed after the accused has applied for it.
Held
- The right to default bail is an indefeasible right that accrues when the period expires and is availed of when the accused applies for bail. It cannot be defeated by the prosecution filing a charge sheet, additional complaint or extension report after the application. The accused must still comply with the bail order. The High Court order was set aside.
Cite this
Citation
M. Ravindran v Intelligence Officer, Directorate of Revenue Intelligence AIR 2020 SC 5245; Criminal Appeal No. 699 of 2020Reported: Supreme Court of India judgment, Criminal Appeal No. 699 of 2020 (api.sci.gov.in). This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.