https://www.taxtmi.com/caselaws?id=304527 An incomplete investigation cannot be cured by filing a preliminary charge-sheet within the statutory period, because the right to default bail under Section 167(2) CrPC depends on completion of the investigation, not on the mere form of a filing. Where the material shows that key witnesses remain to be examined and further evidence is still to be collected, the accused's indefeasible right to default bail survives and continued detention beyond the statutory period is impermissible. By contrast, a charge-sheet filed in time but returned only for technical rectification does not, by itself, entitle the accused to default bail. On these principles, the petition was allowed and default bail granted. en-us Tue, 20 Oct 2020 00:00:00 +0530 Sat, 01 Oct 2022 09:27:16 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=304527 An incomplete investigation cannot be cured by filing a preliminary charge-sheet within the statutory period, because the right to default bail under Section 167(2) CrPC depends on completion of the investigation, not on the mere form of a filing. Where the material shows that key witnesses remain to be examined and further evidence is still to be collected, the accused's indefeasible right to default bail survives and continued detention beyond the statutory period is impermissible. By contrast, a charge-sheet filed in time but returned only for technical rectification does not, by itself, entitle the accused to default bail. On these principles, the petition was allowed and default bail granted. Case-Laws Indian Laws Tue, 20 Oct 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=304527