Right to Default Bail Extinguished Upon Filing of Challan: Punjab and Haryana High Court

Punjab and Haryana High Court, presided over by Hon'ble Justice Sandeep Moudgil, rendered its decision , dismissed the petition filed under Section 401 of the Code of Criminal Procedure (CrPC), 1973, wherein the petitioner sought default bail under Section 167(2) CrPC due to the non-filing of the charge sheet within the statutory period. The court upheld that the filing of the challan (charge sheet) extinguished the petitioner’s right to default bail.

The petitioner, Prince Singh @ Doddi, was arrested on April 15, 2024, in connection with an FIR registered for offences under Sections 307, 324, 326, 379-B, 411, 148, 149 IPC, and Sections 3 & 4 of the SC & ST Act. The prosecution failed to file the challan within 60 days, leading the petitioner to file an application for default bail under Section 167(2) CrPC on July 11, 2024. The trial court rejected the application, holding that the applicable period for filing the charge sheet was 90 days under Part-II of Section 307 IPC, as the offence carried a maximum sentence of life imprisonment.

The challan was subsequently filed on July 12, 2024, one day after the application for default bail. A supplementary challan filed on July 18, 2024, excluded charges under Section 307 IPC, but this did not impact the court's analysis of the petitioner's right to default bail as of the date of the original application.

The petitioner argued that he was entitled to default bail as the applicable statutory period was 60 days, given that the injuries alleged were not "dangerous to life" and thus fell under Part-I of Section 307 IPC. However, the trial court determined, and Justice Moudgil affirmed, that the case involved Part-II of Section 307 IPC, which prescribes life imprisonment as the maximum penalty, warranting a 90-day period for the filing of the challan [Paras 2-3].

The court highlighted that the right to default bail under Section 167(2) CrPC is an "indefeasible right" but can only be enforced prior to the filing of the challan. Once the charge sheet is submitted, this right ceases to exist, as custody is then governed by other provisions of the CrPC. Justice Moudgil noted, "The moment challan/supplementary challan is filed, Section 167(2) CrPC ceases its applicability on the petitioner to seek default bail" [Para 8].

The court referred to the landmark judgment in Sanjay Dutt v. State through CBI Bombay, (1994) 5 SCC 410, which held: "The indefeasible right accruing to the accused in such a situation is enforceable only prior to the filing of the challan and it does not survive or remain enforceable on the challan being filed, if already not availed of" [Para 9].

The petitioner argued that since the supplementary challan filed on July 18, 2024, excluded Section 307 IPC, the statutory period should be 60 days. The court rejected this argument, stating that the applicability of Section 167(2) CrPC must be assessed based on the charges existing at the time of filing the application for default bail, not on subsequent developments [Para 7].

Enforcement of Right: The right to default bail must be enforced before the filing of the challan; it does not survive beyond this point.
Assessment Date: The relevant date for determining entitlement to default bail is when the accused applies for it, not when subsequent charge modifications occur.
Custody Post-Challan: Once the challan is filed, custody is governed by provisions other than Section 167(2) CrPC, shifting the basis for bail considerations to the merits of the case [Paras 10-11].
The court dismissed the revision petition, upholding the trial court's finding that the petitioner was not entitled to default bail due to the filing of the challan on July 12, 2024. Justice Moudgil concluded, "The right of default bail ceases to exist the moment challan/report is filed within the prescribed period of sixty or ninety days" [Para 11].
The petition for default bail was dismissed, reinforcing the established principle that the right to statutory bail under Section 167(2) CrPC is extinguished upon the filing of the charge sheet.

Date of Decision: September 27, 2024