In Brief
The Supreme Court held that an accused cannot claim statutory default bail under Section 167(2) of the CrPC after a chargesheet has been filed within the prescribed time limit, even if further investigation remains pending against other accused persons. The Court emphasised that the right to default bail ceases once a chargesheet is filed and cognizance is taken. The pendency of investigation under Section 173(8) does not revive or preserve the right to default bail, nor does it vitiate a chargesheet that contains all statutory requirements. The judgment affirmed that the court takes cognizance of the offence, not the offender, and that the statutory scheme provides for remand at two distinct stages: pre-cognizance and post-cognizance.
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