Delay of 1415 Days in Filing Appeal Overlooked Due to Special Circumstances and Parity with Co-accused
In a significant legal development, the Punjab and Haryana High Court has granted default bail to Avtar Singh, who has been in custody for over seven years. The decision comes despite a considerable delay of 1415 days in filing the appeal, owing to special circumstances and the principle of parity with co-accused Bikramjit Singh, who was previously granted bail by the Supreme Court.
The judgment, delivered by a Division Bench comprising Justices Gurvinder Singh Gill and Ramesh Kumari, was based on the interpretation of Section 167(2) of the Criminal Procedure Code (now Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023). This provision establishes the accused's indefeasible right to default bail upon the expiry of the prescribed period for the presentation of a challan, provided the accused applies for it.
Avtar Singh, along with co-accused Bikramjit Singh, was arrested in connection with FIR No.121 dated November 18, 2018, related to a grenade attack at a religious congregation in Amritsar, which resulted in multiple casualties. The prosecution's failure to file the challan within the 90-day period initially extended by the Sub Divisional Judicial Magistrate was later set aside by a Special Court, thereby entitling Singh to default bail.
The Court observed that the appellant's financial constraints and prolonged custody, in conjunction with the Supreme Court's prior decision granting bail to the co-accused, constituted special circumstances justifying the condonation of the delay. The bench emphasized the importance of personal liberty and procedural safeguards under Article 21 of the Constitution, affirming that the appellant's right to default bail remained intact despite the earlier erroneous dismissal of his application.
The judgment aligns with the Supreme Court's directives that default bail is not just a statutory right but a fundamental right under Article 21, which cannot be undermined by procedural technicalities. The Court's decision underscores the judicial system's commitment to ensuring that justice prevails, particularly in matters concerning personal liberty.
Bottom Line:
Default bail under Section 167(2) CrPC is an indefeasible right of the accused; delay beyond prescribed limit of 90 days can be condoned in special circumstances, including parity with co-accused granted bail by the Supreme Court.
Statutory provision(s): Criminal Procedure Code, 1973 Section 167(2) (Now Section 187 BNSS), National Investigation Agency Act, 2008 Section 21
Avtar Singh v. State of Punjab, (Punjab And Haryana)(DB) : Law Finder Doc Id # 2833646
