Default bail cannot be defeated by filing an incomplete charge sheet while further investigation remains pending.

Where a complaint or charge sheet is filed while investigation remains incomplete and further investigation is expressly pending, the report is treated as incomplete and cannot be used to curtail the statutory period for default bail under Section 167(2) CrPC. The HC held that Section 173 CrPC permits further investigation after filing a report, but it does not allow the prosecution to defeat the accused's right by filing a piecemeal or incomplete report and supplementing it later. On that footing, the accused remained entitled to default bail.

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Issues: Whether, after filing of a complaint while further investigation remained pending, the accused was entitled to default bail under Section 167(2) of the Code of Criminal Procedure, 1973.

Analysis: The complaint filed against the accused was treated as incomplete because investigation had not ended and further investigation was expressly stated to be continuing. A charge sheet or complaint cannot be filed piecemeal so as to curtail the statutory period for default bail. Section 173 of the Code of Criminal Procedure, 1973 permits further investigation after filing of the report, but that does not authorise the State to defeat the accused's entitlement under Section 167(2) by filing an incomplete report and then supplementing it later. The pending investigation therefore meant that the prosecution had not lawfully displaced the accused's right to default bail.

Conclusion: The accused was held entitled to default bail under Section 167(2) of the Code of Criminal Procedure, 1973.

Ratio Decidendi: Filing an incomplete charge sheet or complaint does not defeat the statutory right to default bail where investigation is still incomplete and further investigation remains pending.

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