Supreme Court to examine whether custody of accused can be extended based on oral request

The Supreme Court on Wednesday directed the National Investigation Agency (NIA) to respond to a default bail plea by one of the men accused in the Praveen Nettaru murder case [Mohammed Jabir v National Investigation Agency]..A Bench of Justices MM Sundresh and Aravind Kumar issued notice on an appeal by one Mohammed Jabir (an accused) against a Karnataka High Court order rejecting his default bail plea. Pertinently, the top court indicated that it would also examine whether an oral request to extend an investigation agency's custody of an accused under the Criminal Procedure Code (CrPC) can be allowed in the absence of a formal application..Senior Advocate Dr Aditya Sondhi with advocate Talha Abdul Rahman appeared for the accused.The case concerns the murder of Bharatiya Janata Party (BJP) worker Praveen Nettaru. He was a member of the party's Yuva Morcha (youth wing) and was murdered in Karnataka in 2022.On the Union Home Ministry's directions, the probe was eventually taken over by the NIA..Notably, the NIA failed to submit a chargesheet within the deadline of 90 days from the date of production of the accused. The 90-day deadline expired on February 6, 2023. When the case was taken up by the trial court on February 7, 2023, the accused did not press for his right to default bail (bail given when an investigation agency fails to complete its probe and file a chargesheet within time) right away. The NIA also did not file any chargesheet on the said day. However, a junior counsel representing the NIA sought an extension of time and custody by making an oral request. On February 8, 2023, both the accused as well as the NIA filed applications. The NIA filed a formal application on the morning of February 8 to extend the time to file a chargesheet and the custody period. The accused man filed a default bail plea hours later on the same day, in the afternoon. The trial court allowed the NIA's plea and rejected the accused man's default bail petition. The Karnataka High Court upheld the trial court decision on March 12, 2024. In its judgment, the High Court added that it was difficult to accept the accused man's argument that custody cannot be extended merely on an oral request by the NIA."There is no bar as such in Section 167 of Cr.P.C for an oral request being made seeking extension of custody period. If the accused does not avail his right to be released on bail after expiry of the prescribed period to file charge sheet, obviously the court has to extend the custody period. The accused cannot be left in lurch. Oral request for extension is also permitted," it had observed.It had added that the trial court was right in hearing the default bail and custody extension applications together.