Incomplete charge-sheet cannot defeat default bail unless investigation is actually complete under the criminal procedure code.

A police report under section 173(2) must reflect completion of investigation, and section 173(8) allows only further investigation and a subsequent report; it does not permit a preliminary or incomplete charge-sheet to replace the statutory report. The real test is the substance of the report and whether it contains the particulars required by section 173(2) together with the connected documents and statements. Applying that test, the report filed on 30-1-1982 was treated as a complete charge-sheet, investigation was held to have been completed, and the petitioner was not entitled to bail under the proviso to section 167(2) of the Code of Criminal Procedure, 1973.

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Issues: Whether the petitioner was entitled to bail under the proviso to section 167(2) of the Code of Criminal Procedure, 1973 on the ground that the charge-sheet filed within time was only incomplete or preliminary and investigation had not been completed.

Analysis: A police report under section 173(2) is the report forwarded on completion of investigation. The scheme of section 173 does not contemplate an incomplete or preliminary charge-sheet to defeat the right under the proviso to section 167(2). Section 173(8) permits further investigation after submission of the report under section 173(2) and the forwarding of a further report on fresh material, but it does not authorise the filing of a preliminary report in place of the report contemplated by section 173(2). The Court also held that the real test is the substance of the report and whether investigation was in fact completed, and that the mere description of the report as incomplete would not change its legal character if it otherwise contained the particulars required by section 173(2) and the connected documents and statements were forwarded.

Conclusion: The report filed on 30-1-1982 was treated as a complete charge-sheet under section 173(2), investigation was held to have been completed, and the petitioner was not entitled to bail under the proviso to section 167(2).

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