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AMIT SHARMA
Avinash Jain – Appellant
Versus
Central Bureau of Investigation – Respondent
| Table of Content |
|---|
| 1. application for bail and basis of fir (Para 1 , 2 , 3 , 4) |
| 2. details regarding arrest and charge sheet (Para 5 , 6 , 11) |
| 3. challenges against the charge sheet presented (Para 12 , 15 , 16) |
| 4. court's observations on the ongoing investigation (Para 18 , 19 , 20 , 21) |
| 5. discussion on section 17a of the pc act (Para 22 , 23 , 24) |
| 6. constitutional implications of personal liberty under article 21 (Para 28 , 29 , 30) |
| 7. court's verdict on the alleged incompleteness of the charge sheet (Para 31 , 32 , 33) |
| 8. final decision allowing default bail (Para 34 , 35 , 36) |
JUDGMENT
Amit Sharma, J.
1. The present application under Section 439 read with Section 482 of the Code of Criminal Procedure, 1973 (`CrPC') seeks the following prayers:
"A. Pass necessary orders and directions, thereby directing for grant of statutory/default bail to the Petitioner and directing for the release of the Petitioner from custody in FIR bearing No. RC2232020A0009 dated 19.11.2020 u/s 120B r/w 420, 468 and 471 of the IPC and 13(2) r/w 13 (1) (d) of the Prevention of Corruption Act, 1988 registered by CBI, ACV, New Delhi, on such terms and conditions as may deem fit and proper.
AND
B. Pass necessary order
(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 main legal principle established is that the accused is entitled to default bail if the investigation is not completed within the mandated period, as per the legislative intent of section 167(2) ....
(1) Default bail – Period of 90 days is stated to be counted when investigation for fresh offence(s) is started and not from date of lodging of FIR.(2) Default bail – Right to seek default/statutory ....
The right to default bail under Section 167(2) of the Cr.P.C. ceases once a charge-sheet is filed, even if MCOCA is invoked subsequently.
The right to default bail under Section 167(2) of the CrPC is a fundamental right linked to personal liberty under Article 21 of the Constitution, and its applicability to subsequent arrestees after ....
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