FIRST LAW

Criminal P.C. 1973 - Ss. 167(2), 437 - "default bail" - for starting a de novo investigation by withdrawing all the chargesheet and supplementary chargesheet from the court whether after expiry of the statutory period as provided by Section 167(2) of the Cr.P.C. the accused-person is entitled to the default bail or not. Held, No doubt about it that at this stage there is no chargesheet before the court as those were withdrawn and the fresh investigation has been launched. Such investigation is also covered within the meaning of "investigation" as provided under Section 167 of the Cr.P.C. Thus, the accused-person is entitled to the default bail.

Code of Criminal Procedure, 1973 - Section 167 -  the stage of investigation ought to be confined to 90 or 60 days, as the case may be, and thereafter the issue relating to the custody of the accused ought to be dealt with by the Magistrate on the basis of the investigation. Matters and issues relating to liberty and whether the person accused of a charge ought to be confined or not, must be decided by the Magistrate and not by the Police. The further custody of such person ought not to be guided by mere suspicion that he may have committed an offence or for that matter, to facilitate pending investigation.