Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
G. SATAPATHY
Khirod Kumar Nayak – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. bail application details and allegations. (Para 1) |
| 2. arguments for and against the bail application. (Para 2) |
| 3. assessment of allegations against the petitioner. (Para 3) |
| 4. analysis of default bail provisions and interpretations. (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 5. court's conclusion rejecting bail. (Para 10) |
JUDGMENT :
1. This is a bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with CID(CB) Cyber Crime PS Case No. 58 of 2024 corresponding to GR Case No.903 of 2024 pending in the Court of learned 2nd Addl. Sessions Judge, Cuttack for commission of offences punishable U/Ss. 409/419/420/467/468/471/120-B/34 of IPC r/w Sections 66 /66C/66(B) of the IT Act, on the main allegation of securing an overdraft loan of Rs. 2.25 Crores fraudulently against the fixed deposit of Rs. 2.5 Crores made by the Informant and transferring the said amount to bank account of his sister and thereafter, transferring it to different accounts through multiple transactions by obtaining the signatures of the Informant surreptitiously on different documents and in the process, cheating her by committing online fraud.
2.1. On the other hand, Mr. T.K. Acharya,
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.
The absence of a chemical examination report does not render a charge-sheet incomplete, and a defendant is not entitled to default bail once cognizance has been taken.
Default bail under Section 167(2) Cr.P.C. ceases once a charge-sheet is filed, irrespective of ongoing supplementary investigations.
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 non-filing of FSL report with the challan does not vitiate the challan or entitle the applicant to default bail under section 167(2) of the Criminal Procedure Code.
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....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
