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2018 Supreme(Tri) 258
IN THE HIGH COURT OF TRIPURA, AGARTALA
S. TALAPATRA, J.
Sri. Devendra Kumar Singh, son of Alpeshwar Singh - Applicant
Versus
Central Bureau of Investigation (CBI) - Respondent
B.A. No.141 of 2018
Decided On : 21-12-2018
For the Applicant :Mr. P.K. Biswas, Sr. Advocate Mr. P. Majumder, Advocate
For the Respondent:Mr. Bidyut Majumder, Advocate
The main legal point established in the judgment is the entitlement to default bail under Section 167(2) of the Cr.P.C. when the investigation, including withdrawal of chargesheets, falls within the scope of 'investigation' as defined by the law.
Headnote:
Bail - Cr.P.C. - Delhi Special Police Establishment Act, 1946 - IPC Section 302, Section 27 of the Arms Act - Section 173(2), Section 173(8) of the Cr.P.C. - Section 167(2) of the Cr.P.C. - Default Bail
Fact of the Case:
The accused, Dharmendra Kumar Singh, filed a bail application under Section 439 of the Cr.P.C. after being in custody for 368 days in connection with a case under Section 302 of the IPC. The State Government consented to hand over the investigation to the CBI, which initiated a reinvestigation and withdrew the chargesheet and supplementary chargesheet from the trial court.
Finding of the Court:
The court found that the accused was entitled to default bail as the investigation by the CBI, including the withdrawal of chargesheets, fell within the meaning of 'investigation' under Section 167 of the Cr.P.C. The accused was granted bail with specific conditions.
Issues: The main issue was whether the accused was entitled to default bail after the CBI initiated a reinvestigation and withdrew the chargesheet and supplementary chargesheet from the trial court.
Ratio Decidendi: The court relied on legal provisions such as Section 167(2) of the Cr.P.C. and previous judgments to establish the accused's entitlement to default bail in the given circumstances.
Final Decision: The accused was granted bail with specific conditions, as the court found that the reinvestigation by the CBI and the withdrawal of chargesheets constituted an 'investigation' under Section 167 of the Cr.P.C., entitling the accused to default bail.
This is an application under Section 439 of the Cr.P.C. for granting bail to the accused-person, namely Dharmendra Kumar Singh in connection with S.T.(T-1)16 of 2018 arising from Bodhjungnagar P.S. Case No.50 of 2017 under Section 302 of the IPC.
2. The accused-person is in the custody since 24.11.2017, meaning he is in the custody for 368 days on the day of filing of this application on 27.11.2018.
3. On perusal of the records what appears that a serious development has taken place in the midst of the trial. The State Government has provided consent under Section 6 of the Delhi Special Police Establishment Act, 1946 by the Notification No.21(2)-PD/12(P)/873 dated 17.03.2018 [issued by the Home Department, Govt. of Tripura]. Pursuant thereto, the Ministry of Personnel, Public Grievances and Pensions, DOPT, Govt. of India, has asked the CBI by their Notification No.228/15/2018-AVD.II dated 06.06.2018 to take up the investigation of Bodhjungnagar P.S. Case No.2017/BJN/050 dated 21.11.2017 under Section 302 of the IPC and Section 27 of the Arms Act. The Central Bureau of Investigation (CBI) registered the regular case bearing No. RC 02/S/2018/Kolkata dated 29.06.2018 under Section 302 of the IPC and Section 27 of the Arms Act by treating the FIR No.2017/BJN/50 dated 21.11.2017 under Section 302 of the IPC and Section 27 of the Arms Act as the original FIR of their case No. RC 02/S/2018/Kolkata dated 29.06.2018 under Section 302 of the IPC and Section 27 of the Arms Act.
4. On 29.06.2018, the CBI has commenced reinvestigation of the case and from the records of the Case No. S.T.(T-1)16 of 2018, it appears that all the original documents, the chargesheet [filed under Section 173(2) of the Cr.P.C.], the supplementary chargesheet [filed under Section 173(8) of the Cr.P.C.], forensic report and the prosecution papers were withdrawn from the trial court by the CBI in terms of the order dated 10.08.2018.
5. It is pertinent to note that the chargesheet filed earlier has been withdrawn by the CBI probably for purpose of paving the way for submitting the final report on termination of their investigation. It is on record that the accused-person was facing trial from the custody and on numerous time he approached the trial court as well as this court seeking his release on bail, but those petitions did not succeed.
6. Mr. P.K. Biswas, learned senior counsel, assisted by Mr. P. Majumder, learned counsel appearing for the accused-person has submitted that on numerous occasions endeavor for obtaining bail in the court of the Addl. Sessions Judge and this court did not succeed. Mr. Biswas, learned senior counsel has submitted that there is no possibility of early trial and thus the accused-person may be granted bail on any condition. Mr. Biswas, learned senior counsel has taken this court to the records to contend that on 31.03.2018 the case was fixed for framing of charge, but the charge could not be framed on that day. Finally, by the order dated 15.05.2018 the charge was framed and examination of witnesses commenced from 13.06.2018. The recording of evidence was supposed to continue up to 07.07.2018. Examination and the cross-examination of the important witnesses have taken place. Suddenly from the State, the trial court was apprised that the State has decided to hand-over the investigation to the Central Bureau of Investigation (CBI) and they are not willing to produce any witness in view of the said decision. The State prayed for adjournment, but that was rejected. The State sought intervention of the High Court which had intervened in the matter of the trial and finally on 29.06.2017, as has been aforestated the CBI registered regular case bearing No. RC 02/S/2018/Kolkata dated 29.06.2018. Mr. Biswas, learned senior counsel has submitted that the interrogation of all the accused persons has been done by the CBI in the judicial custody. Thereafter, they have withdrawn all the chargesheet and the supplementary chargesheet from
