Published on: 6 August 2023 at 22:44 IST
Court: Supreme Court
Citation: Ritu Chhabaria v. Union of India (2023)
Honourable Supreme Court of India has held that the supplementary chargesheet can only be filed if the original chargesheet explicitly states that the Investigation is still pending. It is held that the supplementary chargesheet as filed under aegis of Section 173(8) of the Code of Criminal Procedure, 1973 cannot scuttle the right of default bail as envisaged under the provisions of Section 167 of the Code of Criminal Procedure, 1973.
25. This right of statutory bail, however, is extinguished, if the charge sheet is filed within the stipulated period. The question of resorting to a supplementary chargesheet u/s 173(8) of the Cr. P.C. only arises after the main chargesheet has been filed, and as such, a supplementary chargesheet, wherein it is explicitly stated that the investigation is still pending, cannot under any circumstance, be used to scuttle the right of default bail, for then, the entire purpose of default bail is defeated, and the filing of a chargesheet or a supplementary chargesheet becomes a mere formality, and a tool, to ensue that the right of default bail is scuttled.
Drafted By Abhijit Mishra
