Q. Whether State Can Take Advantage of Filing One Charge Sheet first and Seeking Time to File Supplementary Charge sheets To Extend the Time Limit U/S 167(2)?

A. NO

RELEVANT CASE LAW:

FAKHREY ALAM V. STATE OF UTTAR PRADESH LL 2021 SC 165

That the time period for investigation specified under Section 167 of the Code of Criminal Procedure cannot be extended by seeking to file supplementary charge sheet qua UAPA offences.

The Court while granting default bail to Fakhrey Alam, a person accused under Section 18 of the UAPA Act, reiterated that default bail under first proviso of Section 167(2) of the Cr.P.C. is a fundamental right and not merely a statutory right.

HELD THAT:

The State cannot take advantage of the fact that in one case there is one charge sheet and supplementary charge sheets are used to extend the time period in this manner by seeking to file the supplementary charge sheet qua the offences under the UAPA Act even beyond the period specified under Section 167 of the Cr.P.C beyond which default bail will be admissible, i.e., the period of 180 days.

That period having expired and the charge sheet not having been filed qua those offences (albeit a supplementary charge sheet), held that the appellant would be entitled to default bail .