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Qamar Ghani Usmani vs. The State of Gujarat

Criminal Appeal · 2023 INSC 337Decided 10 Apr 2023
Criminal Appeal Nos. 1045-1046 of 2023
M.R. Shah · C.T. Ravikumar

Background

The appellant was arrested on 29.01.2022, giving investigators 90 days (until 29.04.2022) to file a chargesheet. On 22.04.2022 the trial court granted a 30-day extension without the accused being present, though he was informed the next day. The accused applied for default bail on 10.05.2022, without mentioning the extension, and a second extension was later granted on 22.05.2022 with the accused present; the chargesheet was ultimately filed within the extended period. Both the trial court and the Gujarat High Court refused default bail, leading to this appeal.

Decision Breakdown

The Supreme Court held that, ordinarily, an accused should be given notice or kept present when the court considers extending the investigation period, so that the accused knows an extension is being sought. However, on the specific facts: the accused knew of the first extension the very next day, never challenged either extension, and was present for the second one, with the chargesheet filed within the extended time. The Court held he was not entitled to default bail. The appeals were dismissed, though the accused was left free to seek regular bail on merits.

Lesson Learnt

A technical lapse in following procedure (like not having the accused present for an extension order) will not automatically entitle an accused to default bail if the accused knew about the extension, failed to challenge it promptly, and the chargesheet was ultimately filed within the (extended) statutory period.

Official source (sci.gov.in)View Judgment (PDF)

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