In Brief
An accused arrested in a theft case (IPC ss. 457, 380, 411, 414) was denied bail by the High Court on grounds that the Supreme Court's 23.03.2020 order extending time limits for filing petitions also extended the period for filing charge sheets under Section 167(2) CrPC. The Supreme Court allowed the appeal, holding that the 23.03.2020 order was intended to protect litigants unable to physically file proceedings during COVID-19 lockdown, not to extend the statutory period for police investigations. An accused has an indefeasible right to default bail once the statutory period (60/90 days) for filing a charge sheet expires, a fundamental protection of personal liberty under Article 21 that cannot be defeated by pandemic-related difficulties. The Court also strongly disapproved the High Court judge's failure to follow an earlier coordinate bench decision and condemned making uncharitable observations between benches.
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