Default Bail V

Posted on by Rudrajyoti Nath Ray

There cannot be any disagreement, right of default bail under Section 167(2), Cr.P.C. is not only a statutory right but is a right that flows from Article 21.

Once from material produced along with a chargesheet, Court is satisfied about commission of an offence and takes cognizance of that offence allegedly committed – it is immaterial whether further investigation in terms of Section 173(8), Cr.P.C. is pending or not. The pendency of further investigation qua other accused or production of some documents not available at time of filing of a chargesheet would not entitle a right to get default bail.

– Hon’ble Justice Bela M. Trivedi, Central Bureau of Investigation v. Kapil Wadhawan, [Criminal Appeal No. 391 of 2024].

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