Shambhu Raosaheb Shinde v. State of Maharashtra

Shambhu Raosaheb Shinde was arrested in May 2023 on charges of murder and other offences under the Indian Penal Code. The investigating agency failed to file a complete chargesheet within the mandatory 60-day period stipulated under Section 167(2) of the Code of Criminal Procedure, 1973. Shinde accordingly applied for statutory default bail. The Bombay High Court rejected his plea, relying on earlier orders that extended custody due to COVID-19-related delays and classifying his detention as judicial remand. On appeal, the Supreme Court of India examined whether the indefeasible right to default bail stood extinguished by such extensions or by subsequent judicial custody orders. The Court held that once the statutory period expires without a complete final report, the accused's right to bail crystallises and cannot be defeated by post-hoc justifications or mechanical remand orders. The bench underscored that personal liberty is paramount and procedural technicalities cannot override the clear legislative mandate. The appeal was allowed, and Shinde was directed to be released on default bail.

The Supreme Court allowed the appeal, set aside the Bombay High Court's order, and held that Shambhu Raosaheb Shinde was entitled to default bail. It directed his immediate release upon furnishing necessary bonds.

Whether an accused person automatically acquires an indefeasible right to default bail upon the investigating agency's failure to file a chargesheet within 60 days, and whether extensions of custody granted due to COVID-19 or subsequent judicial remand orders can lawfully negate that right.

The ruling reaffirmed the primacy of personal liberty under the Indian Constitution and strictly enforced statutory timelines for completing criminal investigations. It restrained courts from routinely extending pre-trial detention beyond the prescribed limits and curtailed the use of administrative or pandemic-related excuses to override the right to default bail, strengthening safeguards against arbitrary arrests.