Facts of the Case
- Arrest: Rakesh Kumar Paul was arrested on 5 November 2016 under the Prevention of Corruption Act, 1988 (PCA) and Sections 120B, 420, and 468 of the IPC (though not initially named in the FIR).
- Detention Timeline:
- 60-day period ended on 3 January 2017 (charge sheet not filed).
- Bail applications filed on 20 December 2016 (rejected) and 1 January 2017 (rejected by Gauhati High Court on 11 January 2017).
- Charge sheet filed on 24 January 2017, after the 60-day statutory period.
Legal Issues
- Entitlement to Default Bail:
- Whether Paul could claim default bail under Section 167(2) CrPC after the 60-day period expired but before the charge sheet filing (24 January 2017).
- Interpretation of “Not Less Than 10 Years”:
- Whether offences under Section 13(2) PCA (punishable up to 7 years, amended to 10 years post-2013) fell under Section 167(2)(a)(i) (90-day detention) or (a)(ii) (60-day detention) of CrPC.
Judgement and Reasoning
1. Default Bail as an Indefeasible Right
- Key Holding: The Supreme Court ruled that default bail under Section 167(2) becomes an absolute right if the charge sheet is not filed within the prescribed period (60 days for offences punishable up to 10 years).
- Timeline Criticality: The court emphasized that the right crystallizes upon expiry of the statutory period and cannot be negated by subsequent charge sheet filing.
2. Interpretation of Punishment Clauses
- “Up to 10 Years” vs. “Not Less Than 10 Years”:
- Majority View: Offences punishable up to 10 years (including those with a minimum below 10 years) fall under Section 167(2)(a)(ii) (60-day limit).
- Dissenting Note: Justice Prafulla C. Pant argued for a literal interpretation, requiring minimum 10-year sentences to trigger the 90-day limit.
- Impact on PCA: The court held that PCA offences (even post-2013 amendments) retained a 7-year minimum, placing them under the 60-day rule.
Conclusion
The judgement reinforced procedural safeguards against indefinite detention, mandating strict adherence to statutory timelines. By interpreting Section 167 CrPC purposively, the court prioritized individual liberty over procedural delays, ensuring timely charge sheet filings to avoid automatic bail entitlements
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