Chargesheet withdrawn and fresh investigation launched - accused entitled to default bail

Devendra Kumar Singh Vs Central Bureau of Investigation (CBI)

Tripura HC

21/12/2018

B.A. No.141 of 2018

About/from the judgment:

Criminal P.C. 1973 - Ss. 167(2), 437 - "default bail" - for starting a de novo investigation by withdrawing all the chargesheet and supplementary chargesheet from the court whether after expiry of the statutory period as provided by Section 167(2) of the Cr.P.C. the accused-person is entitled to the default bail or not. Held, No doubt about it that at this stage there is no chargesheet before the court as those were withdrawn and the fresh investigation has been launched. Such investigation is also covered within the meaning of "investigation" as provided under Section 167 of the Cr.P.C. Thus, the accused-person is entitled to the default bail.

 

"Default bail" would be granted on such terms and conditions as may be reasonable. If someone is granted the default bail it does not prohibit or otherwise prevent the arrest or re-arrest of the person who has been granted bail on cogent grounds in respect of the subject charge and upon arrest or re-arrest, the petitioner may also be granted regular bail considering the materials as might be placed by the prosecution. This court has examined the Case Diary as produced by the CBI. It appears that the investigation is being carried out leisurely and that is the reason that even if the FIR was registered on 29.06.2018 the Investigating Officer who was present in person in the court has failed to indicate to a possible time frame when the investigation might be completed, though the said query did not have material relevance on the aspect, as covered by Section 167(2) of the Cr.P.C. Now, the pertinent question that falls for consideration of this court is that for starting a de novo investigation by withdrawing all the chargesheet and supplementary chargesheet from the court whether after expiry of the statutory period as provided by Section 167(2) of the Cr.P.C. the accused-person is entitled to the default bail or not. No doubt about it that at this stage there is no chargesheet before the court as those were withdrawn and the fresh investigation has been launched. In this regard, there is no divergent view. In the considered opinion of this court, such investigation is also covered within the meaning of „investigation‟ as provided under Section 167 of the Cr.P.C. Thus, the accused-person is entitled to the default bail.

Read the Judgment

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