look news india
The country’s top court (Supreme Court) has given a very important and big legal decision regarding the criminal justice system and the rules of default bail. The Supreme Court has made it clear that if the investigating agency has filed the charge sheet in the court within the prescribed legal time limit, then the accused does not get the right to default bail merely on the ground that the copy of the charge sheet was not handed over to him on time. With this historic decision, the Supreme Court has completely justified the old order of the High Court.
Know what ruling the Supreme Court gave on legal provisions
Hearing this extremely sensitive legal question before the judiciary, the Supreme Court carefully interpreted the provisions of the Code of Criminal Procedure (CrPC) and the new Civil Protection Code. The court clarified that a large part of the responsibility of the investigating agency is fulfilled only by completing the investigation as per law and presenting the charge sheet before the court within the stipulated time limit (such as 60 or 90 days). ‘Default bail’ cannot be claimed on the basis of any administrative or technical delay in getting the copy of the charge sheet to the accused, because it does not constitute a complete and fundamental right of the accused.
High Court’s decision approved and a strong message to the lower courts
This ruling of the Supreme Court has given legal strength to the order of the High Court, in which the bail plea of the accused was rejected on this technical basis. The top court said that providing a copy of the charge sheet to the accused is a procedural right, which is ensured during the cognizance process of the court. But this cannot be considered a failure of the investigating agency. With this decision, many types of legal conflicts going on between the lower courts across the country and the lawyers defending criminal cases regarding the misuse of default bail will completely end.