New Delhi: The Supreme Court on Wednesday ruled that the mere failure of an investigating agency to file additional copies of a charge sheet, as required under the Bharatiya Nagarik Suraksha Sanhita (BNSS), would not entitle an accused to default bail if the charge sheet itself has been filed within the statutory period.
A bench of Justices Sanjay Karol and NK Singh held that the right to default bail under Section 187(3) of the BNSS arises only when the investigating agency fails to file the charge sheet within the prescribed period of 60 or 90 days, and not because copies of the charge sheet or related documents were supplied later.
Dismissing an appeal filed by an accused against a Bombay High Court order rejecting his plea for default bail in a CBI case involving an alleged cyber fraud and mule account racket, the top court held that non-compliance with Section 193(8) of the BNSS — which requires investigating officers to submit additional copies of the police report for supply to the accused — does not invalidate the charge sheet or revive the accused’s right to statutory bail.
“Simple non-filing of additional copies of the charge sheet/police report will not entitle the appellant to the relief of default bail,” the Justice Karol-led Bench said.
It added that once a charge sheet complying with the requirements of Section 193(3) of the BNSS is filed within the statutory period, “the right to default bail ceases”.
In his appeal, the appellant contended that although the CBI had filed the charge sheet within the statutory period on September 2, 2025, it had failed to file and furnish the requisite copies and accompanying documents within the prescribed time, thereby entitling him to default bail under the BNSS.
Rejecting the contention, the Supreme Court said the provisions governing default bail under the BNSS are substantially similar to those under the erstwhile Code of Criminal Procedure (CrPC), with the only significant addition being the requirement under Section 193(8) to furnish extra copies of the police report for supply to the accused.
The bench held that this procedural requirement cannot be equated with the filing of the charge sheet itself for the purposes of claiming default bail. Relying on earlier decisions, the apex court reiterated that even if all supporting documents are not filed along with the charge sheet, the report does not become invalid and the accused cannot claim statutory bail on that ground.
The judgment also reiterated settled principles that the right to default bail is an indefeasible right flowing from Article 21 of the Constitution, but it is available only till the filing of the charge sheet within the prescribed time.
The bench clarified that the appellant remains free to pursue regular bail, which must be considered independently on its own merits without being influenced by the observations made in the present judgment.
(IANS)
