Bail, fail

The Supreme Court said the investigating agency filing an incomplete charge sheet would scuttle the chances of default bail for the accused.A bench of Justices Krishna Murari and C.T. Ravikumar said: “We find it pertinent to mention that the right of default bail under Section 167(2) of the CrPC is not merely a statutory right, but a fundamental right that flows from Article 21 of the Constitution.”It said the reason for such importance being given to a seemingly insignificant procedural formality is to ensure that no accused person is subject to unfettered and arbitrary power of the state. “The process of remand and custody, in their practical manifestations, create a huge disparity of power between the investigating authority and the accused,” the bench said.”While there is no doubt in our minds that arrest and remand are extremely crucial for the smooth functioning of the investigation authority for the purpose of attaining justice, however, it is also extremely important to be cognisant of a power imbalance.”The bench said it becomes essential to place certain checks and balances upon the investigation agency in order to prevent the harassment of accused persons at their hands.