Supreme Court Dismisses CBI's Review Petition Against 'Ritu Chhabaria' Judgment That Incomplete Chargesheet Won't Defeat Default Bail

The Supreme Court has dismissed the review petition filed by the Central Bureau of Investigation against the 2023 judgment in the case  Ritu Chhabaria v. Union of India And Ors which held that the filing of an incomplete chargesheet will not defeat the right of the accused to seek default bail.

A bench comprising Chief Justice of India BR Gavai and Justice MM Sundresh dismissed the review petition in chamber observing, "we do not find any justifiable reason to entertain the review petition."

The Ritu Chhabaria judgment was delivered on April 26, 2023, by a bench comprising Justice Krishna Murari and Justice CT Ravikumar (both of them retired now) holding that "if the Investigating Agency files a chargesheet without completing the investigation, the same would not extinguish the right of the accused to get default bail."

It may be noted that the operation of the Ritu Chhabaria judgment has been in effect suspended by virtue of another order passed by the Supreme Court in a Special Leave Petition filed by the Enforcement Directorate (SLP(Crl) No. 005724 - / 2023). On May 1, 2023, a bench comprising the then Chief Justice of India DY Chandrachud and Justice Pardiwala ordered that applications seeking default bail on the basis of the Ritu Chhabaria judgment should be deferred by the Courts. This order was passed after Solicitor General of India Tushar Mehta submitted that the investigating agencies are facing difficulties due to the judgment. The said SLP of the ED is still pending, which means that the operation of the Ritu Chhabaria judgment continues to be in abeyance, despite the dismissal of the review petition.

Case : CENTRAL BUREAU OF INVESTIGATION THROUGH SUPERINTENDENT v. RITU CHHABARIA & ORS | R.P. (CRL.) NO. 124/2025 IN W.P. (CRL.) NO. 60/2023

Click Here To Read/Download Order