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KALYAN RAI SURANA
Dinesh Jaiswal S/o Late Bachelal Jaiswal – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
KALYAN RAI SURANA, J.
1. Heard Mr. S. Das, learned counsel for the petitioner. Also heard Mr. M. Phukan, the learned Public Prosecutor for the State.
2. The petitioner, namely, Dinesh Jaiswal, who was arrested on 21.10.2022 in connection with Vigilance P.S. Case No. 4/2022 registered under sections 120B/420/406/409/468/471 IPC read with sections 13(1)(a)/13(2) of Prevention of Corruption Act, 1988 is seeking regular bail under section 439 IPC.
3. The learned counsel for the petitioner has submitted that the petitioner is in custody for last 111 days.
4. The only point raised by the learned counsel for the petitioner is that the charge-sheet is either incomplete and/or filed in part and therefore, notwithstanding the filing of the charge-sheet, the petitioner is entitled to default bail. In the said context, it has been submitted in Para 16.63 of the charge-sheet submitted in this case on 12.01.2023, it has been mentioned as follows:
Therefore, it has been submitted that on a plain and simple reading of Pa
(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 ....
The accused's right to default bail under Section 167(2) of the Cr.P.C. is absolute if the charge-sheet is not filed within the prescribed period. The charge-sheet submitted within the prescribed per....
Bail/Default bail – Statutory period of detention shall be reckoned from date of accused’s remand in first instance.
Default bail under Section 167(2) Cr.P.C. ceases once a charge-sheet is filed, irrespective of ongoing supplementary investigations.
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) ....
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