Supreme Court of India · 2018-09-24
Achpal @ Ramswaroop vs The State Of Rajasthan
- Citation / case number
- AIR 2018 SUPREME COURT 4647
- Court
- Supreme Court of India
- Petitioner
- Achpal @ Ramswaroop
- Respondent
- The State Of Rajasthan
- Author
- Uday Umesh Lalit
- Bench
- Uday Umesh Lalit, Abhay Manohar Sapre
Judgment text excerpt
The Supreme Court held that the rejection of bail under Section 167(2) of the Code of Criminal Procedure was improper as the charge-sheet filed was not in compliance with the High Court's order dated 03.07.2018, which mandated that a gazetted officer not below the rank of Additional Superintendent of Police conduct the investigation. The Court clarified that the 90-day period for filing the charge-sheet was effectively extended by the High Court's order, thus the appellants were entitled to bail. The appeal was allowed, overturning the High Court's decision.