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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
| Table of Content |
|---|
| 1. background facts and context of the legal complaint. (Para 1 , 2 , 3 , 4 , 5) |
| 2. legal arguments presented by the petitioners. (Para 6 , 7 , 8) |
| 3. detailed roles of the accused and implications. (Para 9 , 10 , 11 , 12 , 13) |
| 4. counterarguments and state responses to bail applications. (Para 14 , 15 , 16 , 17 , 18) |
| 5. court's observations on the completeness of the investigation. (Para 19 , 20 , 21 , 22 , 23) |
| 6. legal standards for default bail under section 167(2). (Para 24 , 25 , 26 , 27 , 28) |
| 7. judicial interpretation of what constitutes a complete complaint. (Para 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38) |
| 8. conclusion regarding default bail claims. (Para 39) |
| 9. final order and directives on regular bail applications. (Para 40) |
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. Sa
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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