Accused cannot seek default bail for failure to furnish charge-sheet copies: Supreme Court verdict

The case pertains to a CBI investigation into a network of cybercriminals that used sophisticated digital means to extort money from individuals. File. | Photo credit: The Hindu

In the judgment, the Supreme Court clarified that the accused persons cannot seek bail in default for not producing additional copies of the charge sheet.

Default bail, an inalienable right under Article 21 of the Constitution, could only be sought if the charge itself was not filed within the statutory 60 or 90 days of investigation. The judgment, authored by Justice Sanjay Karol, came in a case of digital arrest and cyber extortion.

“Exemption from bail in default is limited to non-filing of the charge-sheet itself and once the charge-sheet is filed in proper form, the question of bail in default does not arise,” the July 1 judgment said.

The court said the bail law did not change when the Penal Code was replaced by the Bharatiya Nagarik Suraksha Sanhita (BNSS).

“As soon as an indictment is filed within the above-mentioned (60/90-day period) in accordance with the form prescribed in § 193, paragraph 3 of the BNSS, the right to bail for default expires,” noted Judge Karol.

The judgment was based on an appeal filed by Shaurya Sunil Kumar Singh after the Bombay High Court rejected his bail plea. Mr. Singh said the CBI had not supplied him with copies of the charge sheet and related records of the case.

Justice Karol observed that the CBI had filed the charge sheet within the prescribed statutory period before the magistrate. The court said that Mr. Singh’s right to bail had lapsed in default and he should have applied for regular bail. The court further said that it has already taken cognizance of the charge sheet filed by the investigating agency.

The case pertains to a CBI investigation into a network of cybercriminals that used sophisticated digital means to extort money from individuals. The criminals were allegedly assisted by bank officials in depositing the cyber fraud proceeds into their bank accounts. The judgment states that Mr. Singh was accused of providing logistical support to prime accused Sudhir Palande by transporting check books, ATM cards and SIM cards used to commit these crimes.

Published – 02 Jul 2026 22:58 IST