Merely filing preliminary charge-sheet without completing investigation would not defeat indefeasible statutory right of accused to claim for default bail

Generally, it is a practice that when Investigating Agency files charge-sheet then Courts usually presume that investigation is completed.

However, it is to be noticed that at times, even when an investigation is not fully completed, the police are in habit of filing preliminary charge-sheet or an incomplete charge-sheet keeping some part of the investigation pending as a clever contrivance and subterfuge to prevent the accused from claiming default bail by exercising his right conferred under Cr. P.C.

So, Courts must be on guard and should not fall into trap of such trickery and tactics of investigating agency when they only file preliminary charge-sheet without fully completing an investigation.

Therefore, the real test to be applied to ascertain whether the accused is entitled to default bail or not has to be ascertained whether an entire investigation is completed or not within the stipulated period and whether said charge-sheet is filed after the completion of an entire investigation or not.

Here in facts of this case, contents of charge-sheet establish that investigation is not completed and many crucial witnesses are yet to be examined to prove overt acts of accused in the alleged crime and some other evidence as stated by investigating officer is still to be secured.

Therefore, a charge-sheet filed in the case is not a final charge-sheet but only a preliminary charge-sheet. By mere filing a preliminary charge-sheet without completing the entire investigation and filing a final and full-fledged charge-sheet, prosecuting agency cannot vanquish the indefeasible statutory right of the accused to claim for default bail.