IN THE HIGH COURT OF DELHI AT NEW DELHI
AJAY DIGPAUL
Irfan – Appellant
Versus
State (Govt Of NCT Delhi) – Respondent
ORDER :
CRL.M.A. 21935/2025
1. Exemption allowed subject to all just exceptions.
2. The application stands disposed of.
CRL.M.C. 5062/2025 & CRL. M.A. 21936/2025
3. The factual matrix of the case, as discerned from the record, is set out as follows:
I. The genesis of the present criminal proceedings lies in a complaint dated 23.01.2025 lodged by the complainant/respondent no. 2, Mr. Jasvinder Singh Bahra, a 63-year-old citizen.
II. The said complaint was addressed to the Cyber Police Station, South-West District, Delhi, wherein, it was alleged that the complainant had been induced, under the guise of a fraudulent online coin trading scheme, to part with a substantial sum of Rs.33,28,196/- over a span of several months from June, 2024 to January, 2025.
III. It was averred that the complainant, having been lured by an advertisement on Facebook regarding the sale and purchase of old currency coins, entered into communication with one Mr. Sanjay Sharma. The said individual, impersonating himself and others including an RBI official and even a police officer, succeeded in extracting money from the complainant under various pretexts such as registration fees, courier charges, tax payments, and
Central Bureau of Investigation v. Kapil Wadhawan
The right to default bail arises only when no complete charge sheet is filed within the statutory period; once filed, the right ceases, even if subsequent investigations are pending.
The right to default bail under Section 167(2) Cr.P.C. is extinguished upon timely filing of a charge-sheet, even if it lacks necessary sanction, thus not rendering it incomplete.
Right to default bail under Section 167 of the CrPC only arises prior to filing of a charge-sheet; it is not applicable once a charge-sheet has been submitted, even if further investigations are ongo....
The main legal point established in the judgment is the interpretation of 'incomplete challan' and the entitlement to default bail under Section 167(2) Cr.P.C in absence of specific documents being a....
(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 ....
Default bail – Petitioner is not entitled to any default bail merely because investigation has been kept open.
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....
(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....
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