Time Extension For Chargesheet Filing Is Not Just a Formality, Says The Supreme Court

The Supreme Court ruled that the extension of time granted to investigate agencies to file chargesheets in criminal cases is not a mere procedural irregularity . The top court was pondering the ethical implications of a trial courts failure to secure the defendants presence at the time of hearing the public prosecutors request for a time extension to complete the investigation .

According to a bench of Ajay Rastogi and Abhay S Oka, the Supreme Court ruled on Friday that the extension of time granted to investigate agencies to file chargesheets in criminal cases is not a mere procedural irregularity because it strips the accused of their inherent right to seek default bail if the investigation is delayed by a court of competent jurisdiction.The conclusion was that the admission of a violation of the Constitutional right of freedom is negated by the failure to bring the accused Justice Rastogi, who wrote the judgment, said it was a gross misconduct in violation of the rights of the accused under Article 21.The top court was pondering the ethical implications of a trial court's failure to secure the defendant's presence at the time of hearing the public prosecutor's request for a time extension to complete the investigation.Before submitting a report or requesting a report, the Public Prosecutor must make up his mind.The court accepted one Jigar alias Jimmy Pravinchandra and other co-accused in criminal cases filed with Jamnagar City A Division Police Station in Gujarat on October 15, 2020, and the special court granted the request for extending the investigation period, disregarding the fact that the respondents failed to present the accused before the special court either physically or informally when the public prosecutor's request for extension was considered.