Bombay High Court Grants Default Bail to Accused in Landmark Ruling
Aurangabad Bench emphasizes the indefeasible right to default bail under Bharatiya Nagarik Suraksha Sanhita, 2023
In a significant judgment, the Bombay High Court's Aurangabad Bench has granted default bail to petitioners Ranganth Tulshiram Galande and others, reinforcing their right under Section 187(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Justice Sachin S. Deshmukh ruled that the failure to file a charge-sheet within 60 days of arrest, coupled with the absence of a reasoned order by the Magistrate for extending judicial custody, entitled the accused to default bail. The decision quashes the earlier order by the Additional Sessions Judge, Shrigonda, and mandates immediate release of the petitioners.
The case, involving accusations under various sections of the Bharatiya Nyaya Sanhita, 2023 and the Maharashtra Protection of Interest of Depositors Act, 1999, highlighted procedural lapses by the investigating authorities. The judgment underscores the constitutional right to life and liberty as per Article 21, which cannot be compromised by procedural delays. Justice Deshmukh emphasized the necessity of a reasoned order from the Magistrate when extending custody, stating that mere invocation of additional sections does not suffice for extending the charge-sheet filing period to 90 days.
The ruling draws attention to mandatory compliance with procedural requirements, safeguarding the accused's rights, and reiterates the judiciary's role in upholding individual liberties. This judgment sets a precedent for handling similar cases, reinforcing the legal framework surrounding the rights of the accused.
Bottom Line:
The right to default bail under Section 187(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, is an indefeasible right of the accused, which cannot be disregarded - Failure to file a charge-sheet within the prescribed period of 60 days and absence of a reasoned order by the Magistrate extending judicial custody beyond that period entitles the accused to default bail.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 187(3), Bharatiya Nyaya Sanhita, 2023 Section 316(5), Constitution of India Article 21
