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Issues: (i) Whether a chargesheet or prosecution complaint can be filed in piecemeal before completing the investigation; (ii) whether filing such an incomplete chargesheet extinguishes the right to default bail; (iii) whether remand can be continued beyond the stipulated period during pending investigation.
Issue (i): Whether a chargesheet or prosecution complaint can be filed in piecemeal before completing the investigation.
Analysis: The statutory scheme of investigation under the Code of Criminal Procedure requires completion of investigation before a final report or complaint is filed. The historical background, the Law Commission reports, and the purpose of Section 167(2) show that incomplete reports were never meant to be used as a device to prolong custody. Filing a chargesheet while investigation remains pending defeats the protective time limit built into the remand framework.
Conclusion: A chargesheet or prosecution complaint cannot be filed in piecemeal before completing the investigation if the object is to deprive the accused of default bail.
Issue (ii): Whether filing such an incomplete chargesheet extinguishes the right to default bail.
Analysis: The right under Section 167(2) is treated as a safeguard against arbitrary detention and is linked to Article 21. That right arises when the investigation is not completed within the prescribed period and is not defeated by filing a supplementary or incomplete chargesheet that itself records that investigation is still pending. To accept such a filing as sufficient would reduce the statutory safeguard to a formality and permit circumvention of the bail entitlement.
Conclusion: Filing an incomplete chargesheet does not extinguish the right to default bail.
Issue (iii): Whether remand can be continued beyond the stipulated period during pending investigation.
Analysis: The remand power under the Code is limited by the maximum period fixed for investigation-based custody. Once that period expires without a validly completed investigation, the accused must be offered default bail if prepared to furnish it. Continuation of remand on the basis of incomplete investigation and repeated supplementary filings is inconsistent with the mandate of Section 167(2) and the protection of personal liberty.
Conclusion: Remand cannot be continued beyond the stipulated period without offering default bail.
Final Conclusion: The challenged custody was held to be unsustainable, the interim bail was affirmed, and the writ petition was brought to an end by granting the relief sought.
Ratio Decidendi: The right to default bail under Section 167(2) is a liberty-protecting safeguard that cannot be defeated by filing an incomplete or piecemeal chargesheet before investigation is completed.
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