Supreme Court of India

M. Ravindran v Intelligence Officer, Directorate of Revenue Intelligence

AIR 2020 SC 5245; Criminal Appeal No. 699 of 202020201 min read
The case in brief30-second read
Facts
The accused, held for an offence under the NDPS Act, applied for default bail under S.167(2) CrPC after the statutory period expired without a charge sheet. The trial court granted bail, but the prosecution filed an additional complaint afterwards, and the High Court set the bail aside.
Issue
Whether the right to default bail is defeated by a charge sheet or complaint filed after the accused has applied for it.
Held
The right to default bail is an indefeasible right that accrues when the period expires and is availed of when the accused applies for bail. It cannot be defeated by the prosecution filing a charge sheet, additional complaint or extension report after the application. The accused must still comply with the bail order. The High Court order was set aside.
Principle
The right to default bail is availed of by applying, and a later charge sheet cannot defeat it.
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Facts

  • The accused, held for an offence under the NDPS Act, applied for default bail under S.167(2) CrPC after the statutory period expired without a charge sheet. The trial court granted bail, but the prosecution filed an additional complaint afterwards, and the High Court set the bail aside.

Issue

  1. Whether the right to default bail is defeated by a charge sheet or complaint filed after the accused has applied for it.

Held

  • The right to default bail is an indefeasible right that accrues when the period expires and is availed of when the accused applies for bail. It cannot be defeated by the prosecution filing a charge sheet, additional complaint or extension report after the application. The accused must still comply with the bail order. The High Court order was set aside.

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Citation

M. Ravindran v Intelligence Officer, Directorate of Revenue Intelligence AIR 2020 SC 5245; Criminal Appeal No. 699 of 2020

Reported: Supreme Court of India judgment, Criminal Appeal No. 699 of 2020 (api.sci.gov.in). This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.