The Supreme Court has clarified in a judgment that accused persons cannot claim default bail for non-filing of additional copies of the charge sheet.
Default bail, an indefeasible right flowing from Article 21 of the Constitution, could be claimed only if the charge sheet itself was not filed within the statutory 60 or 90 days of investigation. The judgment, authored by Justice Sanjay Karol, came in a case involving digital arrests and cyber extortion.
“The relief of default bail is limited to the non-filing of the charge sheet itself and once the charge sheet is filed in its proper form, the question of default bail does not arise,” the judgment, dated July 1, said.
The court said the law on default bail had not changed when the Code on Criminal Procedure was replaced with the Bharatiya Nagarik Suraksha Sanhita (BNSS).
“Once the charge sheet is filed, in compliance with the form prescribed under Section 193(3) BNSS, within the aforesaid [60/90-day period], the right to default bail ceases,” Justice Karol observed.
The judgment was based on an appeal filed by Shaurya Sunil Kumar Singh after the Bombay High Court dismissed his plea for default bail. Mr. Singh said the CBI did not supply him with charge sheet copies and related records of the case.
Justice Karol observed that the CBI had filed the charge sheet within the prescribed statutory time before the Magistrate. The court said Mr. Singh’s right to default bail stood extinguished and he ought to have applied for regular bail. Moreover, the court said, it had already taken cognisance of the charge sheet filed by the investigating agency.
The case relates to a CBI probe into a cyber criminal network which used sophisticated digital means to extort money from individuals. The criminals were allegedly assisted by bank officials for the deposit of the cyber fraud proceeds into their bank accounts. The judgment said Mr. Singh was accused of providing the main accused, Sudhir Palande, with logistical support by transporting cheque books, ATM cards and SIM cards used for the commission of these offences.
