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T. AMARNATH GOUD
Central Bureau of Investigation – Appellant
Versus
Tapan Debbarma – Respondent
JUDGMENT
1. This present criminal revision petition is filed under Section 482 of Cr.P.C. by the Central Bureau of Investigation ('CBI' in short) represented by the Dy. Superintendent of Police Special Crime Branch, CGO Complex, D.F. Block, Salk lake, Kolkata against the accused person (1) Sri Tapan Debbarma, son of Lt. Ashwini Kumar Debbarma, resident of Aboynagar Bazar, P.S. East- Agartala, District- West Tripura and (2) Sri Nand Kumar Reang, Son of Thampirai Reang, resident of Bishnurampara, Narayanpur, P.S. Gondachera, District-Dhalai, Tripura praying for cancellation of bail order dated 10.11.2021 and 16.11.2021 passed by the Addl. Sessions Judge, Court No.2, West Tripura Agartala in connection with Case No.RC 2/S/2018, CBI, SCB, Kolkata under Sections 120(B) read with Section 109 , 302 IPC, and 27 of the ARMS ACT .
2. The fact of the case, in brief, is as under:-
2.1. The allegation as per FIR dated 21.11.2017 is that, at 12.57 hrs., one telephonic information was received from the then Adjutant of 2nd B.N. T.S.R. (Tripura State Rifles), namely, Shri Swarupananda Biswas informing that a personal guard of the Commandant 2nd BN, TSR fired at a civilian inside the Battalion Complex
Default bail under Section 167(2) Cr.P.C. is forfeited once a charge sheet is filed, and the right to default bail does not survive after such filing.
(1) Default bail – Courts have power to cancel bail and to examine merits of case in a case where accused is released on default bail and released not on merits earlier.(2) Deeming fiction under Sect....
The court confirms that an accused is entitled to default bail if a charge sheet is not filed within 60 days, regardless of subsequent charges.
(1) Default bail – Period of 90 days is stated to be counted when investigation for fresh offence(s) is started and not from date of lodging of FIR.(2) Default bail – Right to seek default/statutory ....
Point of law : The right to be released on default bail continues to remain enforceable if the accused has applied for such bail, notwithstanding pendency of the bail application; or subsequent filin....
The right to default bail is an indefeasible right linked to Article 21 of the Constitution and is subject to the law and procedure laid down by the Legislature.
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