Breaking Supreme Court Legal Update
New Delhi · Friday, 31 July 2026 9888666310 | [email protected]
Free Law — free judgments and free headnotes Free Lawby De Jure
Supreme Court of India 2023-04-26 allowed

RITU CHHABARIA vs UNION OF INDIA & ORS

Bench: 2 — Krishna Murari, C. T. Ravikumar

In Brief

A wife sought the release of her husband on default bail after he was arrested during a CBI investigation into alleged corruption offences. Although he was initially not named in the FIR, supplementary chargesheets were filed just before the statutory period for remand expired, preventing his release. The Supreme Court held that incompleted investigations cannot justify filing chargesheets merely to avoid default bail. Such incomplete chargesheets do not extinguish the statutory right to default bail under Section 167(2) CrPC. This right is a fundamental right flowing from Article 21 of the Constitution. Trial courts cannot continue remand beyond prescribed time limits. The judgment strikes down the practice of filing fragmented chargesheets to circumvent statutory protections for accused persons.

The lawyer headnote and full judgment text are available to registered users.

Criminal Procedure Bail and Custody Fundamental Rights Default Bail Article 21 Article 32 Investigation Law Remand Chargesheet Personal Liberty Writ Jurisdiction Constitutional Law

Read the full judgment & headnote. It's free.

Register to read the complete Supreme Court judgment text and the headnote, and to search 1 lakh+ Supreme Court judgments by meaning. It is a free service.

Register Free Login