No default bail even if chargesheet is filed without sanction: Supreme Court

NEW DELHI: The Supreme Court on Monday ruled that an accused is not entitled to default bail if an investigating agency files its chargesheet within the time limit but without the sanction for prosecution. The question of sanction and its legitimacy would be considered by the court at the time of taking cognisance of the chargesheet, it said.
A bench of CJI DY Chandrachud and Justice JB Pardiwala gave this judgment while dismissing the default bail plea of two accused under Unlawful Activities (Prevention) Act on the ground that though the NIA filed the chargesheet, it had not obtained sanction for their prosecution.
Writing the verdict, Justice Pardiwala said, "We find no merit in the principal argument...of the appellants that a chargesheet filed with no sanction is an incomplete chargesheet, which could be termed as not in consonance with Section 173 (5) of the Criminal Procedure Code (CrPC)."