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The Court held that once the chargesheet for IPC offences is filed within time as per Section 167 CrPC, no right to default bail subsists only because MCOCA offences were invoked after the chargesheet was filed.
A statutory right to default bail cannot be circumvented by imposing onerous conditions as it would amount to a violation of the detenue's fundamental rights under Section 21 of the Constitution of India, the Court said.
The Court said that it does not have to go by the label of the chargesheet, but only examine if investigation is complete or not.
The order was passed after noting that a magistrate's court had been extending the custody of a UAPA accused periodically in violation of the statutory mandate under Section 167 of the Code of Criminal Procedure.
The Court made the suggestion while denying bail to a Nepalese citizen allegedly involved in supplying confidential documents to Chinese intelligence officials.