Bombay HC: Covid-19 outbreak can’t be excuse for delay in filing charge sheet – Hindustan Times

Law enforcement agencies will not have the cushion of the Covid-19 outbreak as an excuse to delay filing a charge sheet, the Nagpur bench of the Bombay high court (HC) said while hearing the bail plea of a man who was booked for raping a 17-year-old. The man was granted bail by the HC after the Gondia police failed to file a charge sheet within 90 days.

The bench of justice Vinay Joshi clarified that the period prescribed by the Criminal Procedure Code (CrPC) for filing a charge sheet is not extended on account of the nationwide lockdown imposed for containing the Covid-19 contagion.

“In absence of any provision enabling the court to extend the period, no court can directly or indirectly extend such a period which would frustrate the valuable right of the accused,” said justice Joshi.

The accused moved HC after his plea for bail, filed on the grounds that there was a delay in filing the charge sheet within the stipulated period of 90 days, was rejected by the special court which was hearing the cases registered under the Protection of Children from Sexual Offences Act, 2012.

The accused pointed out that he was arrested on January 30, immediately after a first information report (FIR) was registered against him and was then produced before the local magistrate for remand. As such, the period of 90 days prescribed by section 167(2) of CrPC ended on April 30, and the charge sheet was not filed until then.

On May 2, the accusedapplied for bail in default of filing charge sheet. However, on May 4, the special court rejected his plea, holding that owing to the Covid-19 outbreak, the period for filing charge sheet was automatically extended.

In the HC, the accused contended that on expiry of 90 days, an indefeasible right accrued in his favour for being released on bail on account of the default by the investigating agency in completing the probe in time and filing the charge sheet within stipulated period, and therefore, the special court could not reject his plea.

The local prosecutor, opposing his plea for default bail, contended that the investigation was complete and the police submitted charge sheet thrice in March and April before the special court, but the court did not accept it. But on May 4, the charge sheet was accepted by the special court, when the default bail plea of the rape accused was rejected.

Justice Joshi, however, said it was not necessary to probe whether the charge sheet was ready in March itself or not.

“The fact remained that admittedly till 04.05.2020, the charge sheet was not filed in the court,” said the judge, adding, “It is not necessary to probe the reasons as to why charge sheet was not filed or who was at fault. What is required to be looked into is the result and consequence of not filing of the charge sheet within stipulated period,” said the court.

It granted bail to the rape accused, saying he had exercised his indefeasible right to bail after expiry of 90 days and was therefore entitled to be released on bail.