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IN THE HIGH COURT OF DELHI AT NEW DELHI
NEENA BANSAL KRISHNA
Ankush Jain (Through Parokar Sh. Sunil Kumar Jain), S/o Sh. Sunil Kumar Jain – Appellant
Versus
Directorate Of Enforcement Through its Assistant Director – Respondent
JUDGMENT :
NEENA BANSAL KRISHNA, J.
1. Two aforesaid Bail Applications under Section 439 read with Section 167(2) of the Code of Criminal Procedure (hereinafter referred to as "Cr.P.C., 1973‟) has been filed on behalf of the petitioner Ankush Jain and Vaibhav Jain respectively, for grant of bail in CC No. 23/2022 ECIR/HQ/14/2017 dated 30.08.2017.
2. Briefly stated, FIR No. RCAC12017 A0005 was registered by CBI on 24.08.2017 against Sh. Satyendar Jain for amassing Assets disproportionate to his known sources of income i.e. under Section 13 (1)(e) of the Prevention of Corruption Act, 1988 (hereinafter referred to as "PCA, 1988‟). The petitioners, Mr. Ankush Jain and Mr. Vaibhav Jain were arrayed as co- accused on the premise that they were intentionally aiding the public servant for projecting his movable assets as their own assets, by virtue of Section 109 of the INDIAN PENAL CODE , 1860 (hereinafter referred to as "IPC, 1860‟). The Charge-Sheet has been filed by the CBI against the co-accused, Mr. Satyendar Jain and other accused persons including the petitioners, for the offence under Section 13 (1)(e) read with Section 13 (2) of the Prevention of Corruption Act, 1988.
3. Subseque
Default bail under Section 167(2) Cr.P.C. ceases once a charge-sheet is filed, irrespective of ongoing supplementary investigations.
(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....
(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 ....
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....
Default bail – Petitioner is not entitled to any default bail merely because investigation has been kept open.
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