New Delhi, Apr 26 (IANS): The Supreme Court on Wednesday said the investigating agency filing an incomplete charge sheet would scuttle the chances of default bail for the accused.

A bench of Justices Krishna Murari and C.T. Ravikumar said: "We find it pertinent to mention that the right of default bail under Section 167(2) of the CrPC is not merely a statutory right, but a fundamental right that flows from Article 21 of the Constitution."

It said the reason for such importance being given to a seemingly insignificant procedural formality is to ensure that no accused person is subject to unfettered and arbitrary power of the state. "The process of remand and custody, in their practical manifestations, create a huge disparity of power between the investigating authority and the accused," the bench said.

"While there is no doubt in our minds that arrest and remand are extremely crucial for the smooth functioning of the investigation authority for the purpose of attaining justice, however, it is also extremely important to be cognisant of a power imbalance."

The bench said it becomes essential to place certain checks and balances upon the investigation agency in order to prevent the harassment of accused persons at their hands.

In its judgment on a plea by a woman, it said statutory time frame has been prescribed of 90 days and 60 days for filing of the charge sheets depending upon the nature of offences. "It is clear from the facts that during the pendency of the investigation, supplementary charge sheets were filed by the investigation agency just before the expiry of 60 days, with the purpose of scuttling the right to default bail accrued in favour of the accused," said the bench.

It observed that petitioner's husband was denied default bail on filing of supplementary charge sheet by the investigating agency in a cheating case. "The question of resorting to a supplementary charge sheet u/s 173(8) of the CrPC only arises after the main charge sheet has been filed, and as such, a supplementary charge sheet, wherein it is explicitly stated that the investigation is still pending, cannot under any circumstance, be used to scuttle the right of default bail, for then, the entire purpose of default bail is defeated," said the bench.

The top court said the filing of a charge sheet or a supplementary charge sheet becomes a mere formality, and a tool to ensue that the right of default bail is scuttled.

"It is thus axiomatic that first investigation is to be completed, and only then can a charge sheet or a complaint be filed within the stipulated period, and failure to do so would trigger the statutory right of default bail under Section 167(2) of Cr.PC," said the bench.

"With the above findings and conclusions, the interim order of bail passed in favor of the accused is made absolute, and the present writ petition is, accordingly, disposed of."

The plea was filed under Article 32 of the Constitution by the woman seeking the release of her husband on default bail.