Supreme Court Denies Statutory Bail, Emphasizes Presence of Accused During Extension of Investigation Period

In a recent judgment delivered on April 10, 2023, the Supreme Court of India dismissed the appeals filed by Qamar Ghani Usmani seeking statutory/default bail under Section 167(2) of the Cr.PC. The Court, comprising Justices M.R. Shah and C.T. Ravikumar, held that the accused was not entitled to the requested relief.

The Court examined whether notice to the accused is mandatory at the time of granting an extension of the investigation period. It distinguished between the cases of Hitendra Vishnu Thakur and Sanjay Dutt, with the latter being considered the authoritative pronouncement. The Court emphasized that the presence of the accused during the extension of the investigation period is crucial.

Additionally, the Court distinguished the case of Sayed Mohd. Ahmed Kazmi, stating that it was not applicable to the present case. The accused's failure to disclose the earlier extension in the subsequent application for bail was also noted by the Court.

Supreme Court held that since the accused did not challenge the previous extensions granted by the trial court and the chargesheet was filed within the extended period, the accused was not entitled to statutory/default bail. However, the Court granted the accused the opportunity to seek regular bail separately.

Date of Decision: April 10, 2023

Qamar Ghani Usmani  vs The State of Gujarat