Filing of Supplementary Charge-Sheet After Arrest Not Mandatory, Rules Court
In a significant ruling, the Madhya Pradesh High Court has upheld the decision of a lower court denying default bail to Bablu alias Arvind Dubey, an accused who had been absconding for several years. The judgment, delivered by Justice Dwarka Dhish Bansal, clarifies that the filing of a supplementary charge-sheet after the arrest of an absconding accused is discretionary and not mandatory, thereby extinguishing the right to default bail once the initial charge-sheet is filed.
The case dates back to 2012 when a charge-sheet was filed against Bablu and other co-accused under various sections of the Indian Penal Code, including Section 307, pertaining to attempted murder. While Bablu remained absconding, proceedings against the other accused continued, resulting in their conviction in 2022.
Bablu was arrested in 2025, and his counsel argued that the failure of the state to file a supplementary charge-sheet entitled him to default bail under Section 187(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. However, the High Court, referencing multiple Supreme Court decisions, held that once a charge-sheet is filed against an absconding accused, the right to default bail is extinguished. The court emphasized that further investigation and the decision to file a supplementary charge-sheet remain within the discretion of the investigating agency.
The judgment reinforces the legal principle that the act of seeking additional time to file a supplementary charge-sheet does not imply an incomplete investigation, thus not warranting default bail. This ruling has significant implications for cases involving absconding accused, setting a precedent that merely absconding does not afford an accused the right to default bail if a charge-sheet was filed during their abscondence.
Legal experts note that this decision aligns with the judicial trend of interpreting procedural laws to prevent misuse by absconding accused. The judgment also underscores the balance between the rights of the accused and the procedural prerogatives of the investigating agencies.
Bottom line:-
Filing of supplementary charge-sheet after the arrest of an accused against whom a charge-sheet has already been filed during abscondence is discretionary. The failure to file a supplementary charge-sheet does not entitle the accused to default/statutory bail.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 187, Code of Criminal Procedure, 1973 Sections 167, 173(8), 299
