The registration of FIR triggers the investigation by Police in a Criminal case. During the course of investigation, the police arrests the accused against whom sufficient evidence surfaces. The accused needs to be produced before the Magistrate within 24 hours after the arrest. Upon production the court may either grant the bail to accused or may remand him/her to Judicial custody or police custody. While the accused remains in prison the police continuous investigation.
The question which now arises is whether the accused has to remain in prison for an indefinite period till the time the police completes the investigation? Is there any time limit within which the police is supposed to complete the investigation in time-bound manner and what is the legal position in this regard?
Ideally, the investigation, ought to be completed within the first 24 hours itself. When the investigation cannot be completed within the period of twenty-four hours, the investigating officer ought to produce the accused and the case diary before the Magistrate. It is for the Magistrate to consider whether the accused be remanded to custody or not. Sec. 167 CrPC deals with the power of Judicial Magistrate to remand the accused after the accused is arrested and produced before the Court. It provides the procedure for Police and Judicial custody remand. It mandates that the Magistrate cannot authorize the detention of accused in custody for:
a. Not more than 90 days in case investigation relates to offences punishable with death, imprisonment for life or imprisonment for a term not less than 10 years.
b. Not more that than sixty days where the offence relates to other offences, i.e. less than 10 years of imprisonment.
The Magistrate cannot authorize the detention of the accused in custody for a total period exceeding 90 or 60 days, as the case may be. In case the investigation is not completed, on the expiry of such period of 90 and 60 days, as the case may be, the accused person shall be entitled to default bail and be released on bail, if he is prepared to and does furnish bail. The present provision intends to discourage a lackadaisical approach in the investigation, especially when the accused is arrested and his liberty is jeopardized. It bounds the police to complete the investigation in a time-bound manner.
The period is to be counted not from the date of arrest but from the date of remand. Further, for the purpose of calculating the date on which remand is taken is to be excluded and the date on which challan is filed in the Court is to be included. [Deepender Kumar Srivastava v. State (CBI) 2006 SCC OnLine Del 870]
Section 167 of the Code clearly indicates that if the offence is punishable with death or life imprisonment or with a minimum sentence of 10 years, then the accused can apply for “default bail” only if the investigating agency does not file charge-sheet within 90 days. However, in all cases where the minimum sentence is less than 10 years but the maximum sentence is not death or life imprisonment the accused will be entitled to grant of “default bail” after 60 days in case charge-sheet is not filed. [Rakesh Kumar Paul v. State of Assam, (2017) 15 SCC 67]
An accused becomes entitled to default bail under Sec. 167 CrPC due to inefficiency of investigating agency in concluding the investigation in a time-bound manner. While granting default bail, the merits of the matter are not to be gone into. [Pragyna Singh Thakur Vs State of Maharashtra, (2011) 10 SCC 445 ] This indefeasible right cannot be defeated by filing the charge-sheet after the accused has offered to furnish bail.
Therefore it is clear that the legislature has protected the rights of the accused in the form of default bail under Section 167 Crpc when the police fail to complete the investigation in time-bound manner.
