In Brief
Two accused persons (Achpal and Ramswaroop) were arrested in a serious crime case and remanded in custody. A charge-sheet was filed before the 90-day statutory limit for investigation expired, but was returned by the Magistrate because it did not comply with a High Court order requiring investigation by a gazetted officer. The Supreme Court held that since no valid charge-sheet was on record with the Magistrate when the 90-day period expired, the accused acquired an indefeasible right to bail. The Court rejected the argument that the High Court's order could extend the investigation period, clarifying that no court can extend statutory deadlines absent specific legislation. The appellants were entitled to bail under Section 167(2) of the Criminal Procedure Code on conditions deemed appropriate by the trial court.
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