The Supreme Court of India has ruled that an accused is entitled to get bail under Code of Criminal Procedure even though the charge sheet filed by police was returned by the lower court on technical reasons.
“The fact of the matter is that as on completion of 90 days of prescribed period under Section 167 of the Code there were no papers of investigation before the concerned Magistrate. The accused were thus denied of protection established by law. The issue of their custody had to be considered on merits by the concerned Magistrate and they could not be simply remanded to custody dehors such consideration”, the Court said.
In the instant case, police filed the charge sheet just before the expiry of 90 days period before the court but the Magistrate returned the charge sheet being not in compliance with the orders of the High Court.
The Court also mentioned that even the High Courts have no power to extend the prescribed time period under the law within which the investigation must be completed.
“The provisions of the Code do not empower anyone to extend the period within which the investigation must be completed nor does it admit of any such eventuality”, the Court opined.