AMIT SHARMA
Sanjay Kumar Pundeer – Appellant
Versus
State of NCT of Delhi – Respondent
Certainly. Based on the provided legal document, here are the key points summarized:
The court examined whether the chargesheet filed in the case was incomplete due to the non-filing of certain documents and reports. It was found that the chargesheet was filed upon completion of investigation, and any scientific reports or examinations, such as FSL reports, are corroborative rather than essential for the chargesheet to be considered complete (!) (!) .
The investigation was deemed complete when the chargesheet was filed, and subsequent supplementary reports or reports from forensic examinations could be filed later as supplementary chargesheets. The absence of these reports at the time of filing did not render the chargesheet incomplete (!) (!) .
The court emphasized that the filing of a chargesheet is sufficient to mark the completion of investigation, and the filing of a supplementary chargesheet is permissible to include additional evidence or reports obtained later, such as forensic reports or expert opinions (!) (!) .
The right to default or statutory bail under Section 167(2) of the CrPC arises when the chargesheet is not filed within the statutory period. Since the chargesheet was filed within the prescribed time, the applicant was not entitled to default bail on that ground (!) (!) .
The court clarified that the absence of a sanction order under certain provisions of the Arms Act at the time of filing the chargesheet does not necessarily make the chargesheet incomplete, especially when the investigation was otherwise complete and sufficient evidence was available for prosecution (!) (!) .
The court also discussed that further investigation can continue even after the filing of the chargesheet, and expert reports or scientific evidence can be filed subsequently, which does not invalidate the chargesheet (!) (!) .
Ultimately, the court dismissed the application for default/statutory bail, holding that the chargesheet filed was not incomplete and that the applicant's right to bail had not been defeated due to procedural deficiencies in the evidence or reports at the time of filing (!) (!) .
The applicant was advised to approach the trial court for bail on merits, as this decision was limited to the issue of default bail based on the completeness of the chargesheet (!) (!) .
Please let me know if you need any further analysis or assistance.
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 an order directing that the petitioner be granted default/statutory bail in FIR No. 747/20217 dated 07.09.2021, P.S. Dabri, registered u/s 302/34 IPC r/w 25 & 27 Arms Act, being tried as Session Case No. 174/2022 titled "State Vs. Rajeev Gupta @ Ramu & Drs" and subjudice before the court of Sh. Vipin Kharb, Ld. ASJ, South-West, Dwarka District Courts, New Delhi;
(b) set-aside the impugned order dated 07.06.2023 passed by the court of Sh. Vipin Kharb, Ld. ASJ, South-West, Dwarka District Courts, New Delhi in FIR No. 747/2021 dated 07.09.2021, P.S. Dabri, being tried as Session Case No. 174/2022 titled "State Vs. Rajeev Gupta @ Ramu & Ors.";
(c) pass any other order/orders which this Hon'ble Court may deem fit and proper in the present case."
Background
2. Briefly stated, the facts of the present case are as under:
i. The present FIR was registered on 07.09.2021 at the instance of one Manoj Gupta who alleged while he and his friend Chaman (`the deceased') were sitting and talking, Rajeev Gupta @ Ramu and Sanja
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