The Supreme Court on Friday clarified that its interim order which directed that any application filed before any court seeking default bail on the basis of Ritu Chhabaria v. Union of India And Ors. should be deferred, shall not preclude any trial courts or High Courts from considering applications for grant of default bail independent of and without relying on the judgement in Ritu Chhabaria. In Ritu Chhabaria, a two-judge bench of the Supreme Court had held that a chargesheet filed on the basis of an incomplete investigation, though filed within time, will not defeat the right of an accused to seek default bail.
IN THE SUPREME COURT OF INDIA
Petition(s) for Special Leave to Appeal Crl. No. 5724/2023,
Date of Order: 12.05.2023
Directorate of Enforcement Vs. Manpreet Singh Talwar
Hon'ble Judges/Coram:
Dr. D.Y. Chandrachud, C.J.I., Pamidighantam Sri Narasimha and J.B. Pardiwala, JJ.
Citation: MANU/SCOR/68550/2023.
1 In continuation of the interim order of this Court dated 1 May 2023, we clarify that the order shall not preclude any trial court or, as the case may be, High Court from considering an application for the grant of default bail under Section 167 of the Code of Criminal Procedure 1973 independent of and without relying on the judgment dated 26 April 2023 in Writ Petition (Criminal) No 60 of 2023.
2 Mr Tushar Mehta, Solicitor General states that the Union of India is in the process of filing a review against the judgment of this Court dated 26 April 2023 in Writ Petition (Criminal) No 60 of 2023.
3 List the matters on 17 July 2023.
Crl. MP Nos. 92409/2023, 92435/2023 & 93090 of 2023 In SLP (Crl) No 5723/2023
1 In view of the order passed above, Mr Sidharth Luthra, senior counsel appearing on behalf of the applicants seeks the permission of the Court to withdraw the Criminal Miscellaneous Petitions.
2 The Criminal Miscellaneous Petitions are dismissed as withdrawn.
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