TaxTMI 
TaxTMI 
2023 (4) TMI 1475
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....gistered at Police Station-Directorate of Enforcement. 2. It is stated by Mr Pahwa, learned senior counsel appearing on behalf of the applicant that in the present case, the applicant was arrested on 22.11.2022 and the applicant was remanded to the police custody. Hence, he states that as per the scheme of Section 167(2) Cr. P.C, the period for default bail starts from the said date i.e., 22.11.2022. He further states that the respondent was under an obligation to conclude investigation and file the charge-sheet within a period of 60 days which expires on 21.01.2023. 3. On 21.01.2023 the prosecution complaint which is akin to filing of charge-sheet was filed. However, it is argued by the learned senior counsel that a bare perusal of t....
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....her the filing of such a chargesheet without completing the investigation will extinguish the right of an accused for grant of default bail? III. Whether the remand of an accused can be continued by the trial court during the pendency of investigation beyond the stipulated time as prescribed by the Cr. PC? 22. A bare perusal of the abovementioned statement of objects strongly indicates that Section 167(2) of the Cr. PC was enacted to ensure that the investigating agency completes the investigation within the prescribed time limit, failing which no accused could be detained if they are willing to avail bail. This position was also laid emphasis on by a three-judge bench of this Court in the case of M. Ravindran Vs. Director....
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....rvations made in the said judgment are as under:- "Section 167(2) was introduced in the year 1978, giving emphasis to the maximum period of time to complete the investigation. This provision has got a laudable object behind it, which is to ensure an expeditious investigation and a fair trial, and to set down a rationalised procedure that protects the interests of the indigent sections of society. This is also another limb of Article 21. Presumption of Innocence is also inbuilt in this provision. An investigating agency has to expedite the process of investigation as a suspect is lanquishing under incarceration. Thus, a duty is enjoined upon the agency to complete the investigation within the time prescribed and a failure would enab....
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....d by an investigating authority without first completing the investigation, would not extinguish the right to default bail under Section 167(2) Cr. P. C. III. The trial court, in such cases, cannot continue to remand an arrested person beyond the maximum stipulated time without offering the arrested person default bail. 34. Even at the cost of repetition, we find it pertinent to mention that the right of default bail under Section 167(2) of the Cr. PC is not merely a statutory right, but a fundamental right that flows from Article 21 of the Constitution of India. The reason for such importance being given to a seemingly insignificant procedural formality is to ensure that no accused person is subject to unfettered and arbi....