The Supreme Court has reaffirmed that an accused cannot claim default bail under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, simply because they were not furnished with a copy of the charge sheet.

Supreme Court’s Ruling:

A Bench of Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh clarified that the key requirement under Section 187(3) of the BNSS is that the investigating agency must file the charge sheet within the prescribed time. Whether a copy of the charge sheet is later supplied to the accused does not affect this right.

The ruling came while dismissing an appeal against a Bombay High Court order that had refused to grant default bail to an accused. Although the accused had not received a copy of the charge sheet, the charge sheet had been filed within the prescribed time. The Supreme Court found no reason to interfere with the High Court’s interpretation of Section 187(3) of the BNSS.

Background:

The appellant had been arrested in a case investigated by the Central Bureau of Investigation (CBI) involving an alleged cyber fraud of around ₹3.81 crore. The prosecution alleged that the accused had committed offences under Sections 61(2) read with 318, 336 and 340 of the Bharatiya Nyaya Sanhita, 2023, Section 7 of the Prevention of Corruption Act, 1988, and Sections 66 and 66(D) of the Information Technology Act, 2000.

High Court’s View:

Before the High Court, the accused argued that since he had not been given a copy of the charge sheet, he was entitled to default bail under Section 187(3) of the BNSS, even though the charge sheet had been filed on time.

The High Court rejected this argument. It held that default bail is available only when the charge sheet itself is not filed within the prescribed period. It further observed, “Not providing a copy of the charge sheet cannot be a ground for granting default bail.”

Supreme Court’s Findings:

The accused then approached the Supreme Court and repeated the same argument, claiming that non-supply of the charge sheet should itself give him the right to default bail. However, the Supreme Court did not agree.

Dismissing the appeal, the judgment authored by Justice Kotiswar Singh upheld the reasoning of the lower courts and observed:

“In our view, the courts below have rightly held that a non-filing of a copy of the charge sheet cannot become a ground for default bail, and a submission of the appellant cannot be accepted.”

Consequently, finding no merit in the appellant’s contention, the Supreme Court dismissed the appeal.

Case Details: SHAURYA SUNIL KUMAR SINGH Versus CENTRAL BUREAU OF INVESTIGATION