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Default Bail as a Right of Accused [Ritu Chhabaria vs Union of India]

The recent judgment by the Supreme Court of India in the case of Ritu Chhabaria vs Union of India has been a landmark decision in affirming the fundamental right of default bail under Article 21 of the Constitution. The case was filed by Ritu Chhabaria to seek the release of her husband, who was arrested by CBI in a corruption case and was not granted default bail despite the expiry of the statutory period of 60 days.

The Supreme Court's judgment is significant in upholding the principle of personal liberty and dignity of an accused person, who cannot be kept in custody indefinitely without a fair trial. The Court held that the right to default bail is not a matter of discretion but a matter of right, and it can be availed by an accused irrespective of the gravity or nature of the offence. The judgment is a welcome step in protecting the rights of an accused person and ensuring justice for all.

The case raised an important question of law regarding the interpretation of Section 167 (2) of the Cr.PC, which provides for default bail when the investigation is not completed within the prescribed period. The Supreme Court clarified that default bail is a fundamental right under Article 21 of the Constitution, and it cannot be defeated by filing incomplete or supplementary charge sheets after the expiry of the statutory period. The Court observed that Section 167 (2) of the Cr.PC is a "code unto itself" and it does not depend on any other provision for its operation.

The judgment is significant in the context of protecting the personal liberty and dignity of an accused person. It ensures that the authorities cannot keep an accused in custody indefinitely without a fair trial. This decision will have far-reaching consequences in the Indian legal system, as it will ensure that the rights of an accused person are protected, and the rule of law is respected.

The Supreme Court's decision is also a reminder to the investigating agencies to complete their investigation within the stipulated time and to respect the rule of law. The judgment will act as a deterrent to investigating agencies that may be inclined to misuse their powers to detain an accused person. The Court's decision also emphasizes the importance of timely and efficient investigation, which is critical to ensuring that justice is delivered to the victim as well as the accused.

The Court's decision is significant in light of the increasing number of cases where accused persons are detained for prolonged periods without a fair trial. This decision will give confidence to the common man that the Indian judiciary is committed to upholding their rights and ensuring justice for all. It is a welcome step towards ensuring that the rule of law prevails in the country and the legal system functions in a fair and efficient manner.

In conclusion, the judgment by the Supreme Court in the case of Ritu Chhabaria vs Union of India is a landmark decision that affirms the fundamental right of default bail under Article 21 of the Constitution. This decision is significant in upholding the personal liberty and dignity of an accused person and ensuring that the authorities complete their investigation within the stipulated time and respect the rule of law. It is a welcome step in protecting the rights of an accused person and ensuring justice for all. The decision will act as a reminder to the investigating agencies to exercise their powers judiciously and efficiently and will give confidence to the common man that the Indian judiciary is committed to upholding their rights.

 

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