Statutory bail follows when a charge-sheet is filed before completion of investigation into the entire case.

Investigation under the Code was treated as extending to the entire case arising from a transaction, not to isolated offences taken piecemeal. Section 173 was read to require completion of investigation and formation of a final opinion before filing a valid charge-sheet. On the facts, the first report itself recorded that investigation was still continuing on one offence, so it was treated as a defective final report. Because the true final charge-sheet came only after the 90-day period under the proviso to Section 167(2), the accused became entitled to statutory bail and release was directed subject to conditions.

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Issues: Whether a final report or charge-sheet under Section 173 of the Code of Criminal Procedure, 1973 can be treated as valid only after investigation of the entire case, including all offences arising out of the transaction, and whether, on the facts, the accused were entitled to bail under the proviso to Section 167(2) because the first charge-sheet was filed before completion of investigation.

Analysis: The expression "case" in the scheme of the Code was treated as broader than a single offence and as embracing the entire transaction and all offences arising from it. The provisions governing investigation and remand were read together to hold that investigation is to be of the case as a whole and not piecemeal with reference to individual offences. Section 173 was understood to require completion of investigation before filing the final report, and formation of the investigating officer's opinion whether there was a case to place the accused for trial was held to be part of that investigation. On the record, the first charge-sheet itself stated that investigation was still proceeding in relation to one offence, and the investigator had not yet formed a definite opinion on that aspect. The Court therefore treated the first report as a defective charge-sheet and held that investigation was completed only with the subsequent charge-sheet, after expiry of the 90-day period under Section 167(2).

Conclusion: The first charge-sheet was not a valid final report filed on completion of investigation, and the accused became entitled to be released on bail under the proviso to Section 167(2).

Final Conclusion: The revision succeeded, the refusal of bail was set aside, and release on bail was directed with conditions.

Ratio Decidendi: Investigation under the Code is of the entire case, not of isolated offences, and a charge-sheet filed before completion of investigation and formation of final opinion cannot defeat the accused's right to statutory bail under Section 167(2).

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