If a chargesheet has been filed, an error in extending the time for investigation is not a ground for bail: SC

Last Updated on December 15, 2024 by Shianjany Pradhan

The Supreme Court of India ruled that an error in an order extending the time for investigation under the Unlawful Activities (Prevention) Act (UAPA) does not entitle an accused to default bail if the chargesheet is filed within the extended period.

Arguments

The accused argued that the chargesheet was invalid because the order extending the time for investigation was defective.

Despite the alleged error, the chargesheet was filed within the extended period.

Analysis

Default bail is available when the statutory time for filing a chargesheet expires without an extension or if an extension is granted improperly and no chargesheet is filed within the original period.

Under Section 43D(2) of the UAPA, the period for completing an investigation can be extended beyond the usual 90 or 60 days to a maximum of 180 days if the court is satisfied with the reasons provided by the investigating agency.

The court emphasized that the purpose of default bail is to ensure timely filing of chargesheets, not to penalize procedural errors when the chargesheet is filed on time.

Conclusion

The Court dismissed the accused’s plea for default bail, holding that the chargesheet’s timely filing superseded any technical irregularity in the extension order.