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A. S. GADKARI, SHYAM C. CHANDAK
Mahesh Raut – Appellant
Versus
National Investigation Agency, through its Superintendent – Respondent
JUDGMENT :
Shyam C. Chandak, J.
1. Impugned in both Appeals is a common Order dated 28th June 2022, passed by the learned Special Judge, National Investigating Agency, at Greater Mumbai, below Applications at Exhibits-48 and 49 in Special Case No.414 of 2020, whereby said Applications seeking default bail under Section 167(2) of the Criminal Procedure Code have been rejected. The Application at Exhibit-49 was filed by the Appellants in Appeal No.1208 of 2022 and the Application at Exhibit-48 was filed by the Appellant in Appeal No.1272 of 2023. Hence, both the Appeals have been taken up for disposal by this common Judgment and Order.
2. During pendency of the Appeals, Appellant-Mahesh Raut has been granted bail by this Court. As informed by Mr. Vyas, Appellant-Dr. Shoma Sen has been granted bail by the Hon’ble Supreme Court.
3. Heard Mr. Anand Grover, learned Senior Advocate for the Appellants in Criminal Appeal No.1208 of 2022, Mr. Yashodeep Deshmukh, learned appointed Advocate for the Appellant in Criminal Appeal No.1272 of 2023, Mr. Devang Vyas, learned Additional Solicitor General of India for Respondent-NIA and Dr. Ms. A.A. Takalkar, APP for the Respondent-State. Perused the recor
The court established that a valid report from the Public Prosecutor is essential for extending the time to file a charge-sheet, and failure to comply with procedural requirements negates the right t....
An accused's right to default bail under Section 167(2) Cr.P.C. is extinguished if the application is not filed before the completion of the charge-sheet process.
The main legal point established in the judgment is that the right to default bail is circumscribed by the prosecution's right to seek an extension of time for filing the charge sheet before the expi....
The right to default bail under Section 167(2) accrues upon non-filing of the charge-sheet within the stipulated time, and cannot be extinguished by subsequent extensions or filings.
The right to default bail under Section 167(2) Cr.P.C. is extinguished once a charge-sheet is filed; extensions beyond 90 days must follow proper procedures and be conducted by appropriate judicial a....
The right to default bail is part of the procedure established by law under Article 21 of the Constitution of India, and the completeness of the charge-sheet, allowing for cognizance and framing of c....
The court reaffirmed that an accused’s right to default bail is contingent on proper legal procedures being followed; improper extensions can revive these rights until the formal charge-sheet is file....
Default bail under Section 167(2) CrPC is only available before the filing of a chargesheet; once filed, the right to default bail ceases.
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