ANISH DAYAL
Riyazuddin – Appellant
Versus
State NCT of Delhi – Respondent
JUDGMENT
Anish Dayal, J. By this petition, the petitioner seeks admission to statutory bail under Section 167(2) r/w Section 439 and 482 Cr.P.C. in proceedings arising out of FIR No. 228/2021, at PS Special Cell under Sections 489B, 489C, 120B IPC. As per the case of the prosecution, the said FIR was registered on the basis of information received by the Special Cell on 29th August, 2021 wherein the petitioner was apprehended along with fake Indian currency of Rs.20,000/- in the denomination of Rs.2000/- and Rs.500/- respectively. During his search, one original Aadhaar Card having No. 4099 9764 2654 with particulars as Riyazuddin s/o Zahooruddin r/o 2590, Sir Sayyed Ahmed Road, Darya Ganj Delhi-110002 was recovered along with two mobile phones, PAN card, driving license. During the search of his Honda City car bearing No. DL 9CU 0473 at the spot one colored photocopy of a forged Aadhaar card bearing No. 4382 3128 1964 having photograph of the petitioner but with different details mentioning one Rohit s/o Sunil r/o House No. 512, Laxmi Nagar Delhi was also recovered. Later during the police remand, aditional fake Indian currency worth Rs.5000/- was recovered at his instance from the
The court emphasized that the filing of a charge-sheet for some offences and stating that investigation was pending for others did not amount to a complete charge-sheet depriving the petitioner of st....
(1) Default bail – Once challan has been filed, question of grant of bail has to be considered and decided only with reference to merits of case under provisions relating to grant of bail to accused ....
(1) Default bail – An incomplete charge-sheet filed without completing investigation cannot be used to defeat right of statutory bail under Section 167(2) of Cr.P.C.(2) Default bail – Investigative a....
Once chargesheet has been filed within the stipulated time, the question of grant of statutory bail or default does not arise.
The completion of investigation and the filing of a charge sheet are prerequisites for determining the entitlement to statutory bail under Section 167(2) of Cr.P.C.
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