Default bail and incomplete police reports: a charge-sheet filed before investigation into the core offence is complete may not defeat liberty rights.

A police report under Section 173(2) CrPC may still be valid if further investigation is stated to be continuing, provided the material already placed is sufficient for cognizance. However, where the report itself shows that investigation into the substratum of the offence remains incomplete and is filed at the expiry of the statutory period to defeat the accused's right to bail, it cannot be treated as a completed final report. On the stated facts, the charge-sheet recorded that further investigation was still in progress, including on the accused's role in the alleged larger conspiracy, so it was not treated as a completed police report for purposes of Section 167(2) CrPC and default bail followed.

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Issues: Whether the charge-sheet filed by the police could be treated as a complete police report under Section 173(2) of the Code of Criminal Procedure, 1973, and whether the petitioner was entitled to default bail under Section 167(2) of the Code of Criminal Procedure, 1973.

Analysis: The statutory scheme balances personal liberty with the need for investigation by requiring completion of investigation without unnecessary delay and by permitting default bail when the prescribed period expires. A police report need not be rejected merely because further investigation is stated to be continuing, if the material already placed is sufficient for the Magistrate to take cognizance. At the same time, a report that on its face discloses that investigation into the substratum of the offence is still incomplete, and is filed at the end of the statutory period to defeat the accused's right to bail, cannot be treated as a completed final report. On the facts, the report itself recorded that further investigation was still in progress even against the arrested accused, and the investigation into the petitioner's role in the alleged larger conspiracy had not concluded.

Conclusion: The charge-sheet was not treated as a completed police report for the purpose of defeating the petitioner's right under Section 167(2) of the Code of Criminal Procedure, 1973, and the petitioner was held entitled to default bail.

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