statutory period of 60 days under Section 187(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, without affording an opportunity of hearing to the accused and without passing a

The Bombay High Court has held that extending judicial remand beyond the statutory period of 60 days under Section 187(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, without affording an opportunity of hearing to the accused and without passing a reasoned order, is contrary to law and violative of Article 21 of the Constitution.

Justice Sachin S. Deshmukh was hearing a petition filed by two persons accused of offences under Sections 316(2), 318(2), 318(4) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Section 3 of the Maharashtra Protection of Interests of Depositors (in Financial Establishments) Act, 1999. The petitioners sought default bail under Section 187(3) of BNSS after the Investigating Officer failed to file a charge sheet within the prescribed 60 days.