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BA 502/2021 in RA 407/2021
MHCC020071972021
IN THE COURT OF SPECIAL JUDGE,CBI FOR GR.BOMBAY
AT BOMBAY
Bail Application No. 502 of 2021
In
Remand Application No. 407 of 2021
In
RC No. 0262021A0006
CBI, ACB, Mumbai
(CNR No. MHCC02-007197-2021)
Mr. Ashish Kumar,
House No.461, Bajitpur,
Thakaran, Bawana Nangal,
Thakaran,
N.W. Delhi 110039
…. Applicant/Accused
V/s
The State of Maharashtra
(Through C.B.I., A.C.B., and Mumbai
…. Respondent
Appearances:
Ld P.P. Shri. Gaikwad for CBI, ACB, Mumbai.
Ld. Advocate Shri. Kamlesh Mishra for the applicant/accused.
CORAM : HIS HONOUR SPECIAL JUDGE
SHRI A.S. SAYYAD
CBI SPECIAL COURT (C.R.No.52)
(IN CHARGE OF C.R.No.51)
DATE
: JUNE 10, 2021.

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BA 502/2021 in RA 407/2021
(DICTATED AND PRONOUNCED IN OPEN COURT)
:ORAL ORDER:
This is an application filed by the applicant Mr. Ashish Kumar for
the grant of default bail under section 167 (2) of Cr.P.C. in connection
with crime no. RC 0262021A0006 registered with CBI, ACB, Mumbai.
2.

The facts of the case in brief are as follows :
On 08.04.2021 an F.I.R. came to be lodged vide RC no.

0262021A0006 registered with CBI, ACB. Mumbai in respect of the
offence punishable under section 7(a) of the Prevention of Corruption
Act 1988 (as amended in 2018). On 08.04.2021 the applicant came to
be arrested in pursuance of the said F.I.R for the offence punishable
under the provision of the P.C.Act. Thereafter, on 09.04.2021 applicant
was produced before the court and remanded to judicial custody.
According to applicant, from 09.04.2021 till today applicant is in
judicial custody and for which period of 61 days are completed. It is also
stated that investigating agency has to be completed investigation
earliest and to file charge-sheet within stipulated period of limitation i.e.
60 days. However, prosecution has failed to file charge-sheet in
stipulated time aforesaid. Therefore, applicant accrues indefeasible right
of default bail. He therefore prayed for allow the application.
3.

While resisting the application, the prosecution has filed reply
vide Exh.2 contending therein that the present applicant has caught red
handed while demanding and accepting huge amount. There is strong
incriminating
material
against
the
present
applicant
for
non
consideration of this application. However, investigating officer Mr.
Rohit Kumar Yadav conceded the fact that the investigation against this
applicant is in final stage and the evidences collected during the
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BA 502/2021 in RA 407/2021
investigation would be forwarded to concern department to seek
prosecution sanction under section 19 of the P.C. Act, due to reasons as
above, the speed of the investigation has been hampered. In this
situation, the movement of witnesses was restricted due to rule of 15%
under the Govt. offices. Due to this situation, it was difficult to collect
the documents from the Govt. Department and seek attendance of
witnesses well within time. In other words, the investigating officer
fairly conceded the fact that the reasons as above resulted into failure in
non submitting charge-sheet in stipulated period of limitation i.e. 60
days. However, investigating officer by referring the above reasons
prayed for rejection the application.
4.

In pursuant to receipt of this application, report of Sessions
Registrar sought called for. Accordingly, report filed with endorsement
that as of now no charge-sheet is filed.
5.

Heard both the sides at the length of considerable time. Both the
sides agreed on the point that the accused was arrested on 09.04.2021
and since then he is in judicial custody. Both the parties also not
disputed the fact that within the stipulated period of limitation chargesheet is not filed in the court of law.
6.

Having heard both the sides. I have carefully gone through the
application and the documents made available on record. I also heard
investigating officer Mr. Rohit Kumar Yadav. On survey of the documents
including F.I.R. and the remand application indicate that an F.I.R. lodged
against this applicant on 08.04.2021 following his arrest immediately.
On 09.04.2021 the accused was produced before the court and
remanded to judicial custody. Since then the applicant appears to be
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BA 502/2021 in RA 407/2021
remained in judicial custody. It is not disputed that the present accused
is booked for the offence punishable under section 7(a) of the P.C. Act
which provides punishment of imprisonment which shall be not less
than 3 years but it shall be extended to 7 years and shall also liable to
fine. This mean that for this offence maximum imprisonment is provided
upto 7 years. In this regard, it needs to look the provision laid down in
167 (2)(a)(i)of the Cr.P.C. which speaks clearly about the time limit for
investigation as 60 and 90 days regarding offences classified therein. As
per section (2)(a)(i) of 167 of Cr.P.C. 90 days where the investigation
relates to an offence punishable with death, imprisonment for life or
imprisonment for a term of not less that 10 years.
(ii) 60 days, where the investigation relates to any other offence
and, on the expiry of said period of 90 days, or 60 days, as the case may
be, the person shall be released on bail if he is prepared to and may be,
the accused person shall be released on bail if he is prepared to and
does furnish bail, and every person released on bail under this subsection shall be deemed to be so released under the provisions of
Chapter XXXIII for the purposes of that Chapter.
7.

In view of the settled position of law as above, if the present case
taken into consideration, in that case also period of filing of the chargesheet expired on 07.06.2021 i.e. 60 days and on very next day
08.06.2021 the application was filed which was kept for hearing on
today. Report of Session Registrar would shows that till today also
charge-sheet is not filed. The investigating officer has failed to show any
other like document by which he sought extension of time for filing
charge-sheet beyond prescribed period of limitation with reasonable
grounds. The circumstances as above made it clear that because of
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BA 502/2021 in RA 407/2021
failure in non filing charge-sheet in prescribed period of limitation
accrues indefeasible right to applicant to move application for grant of
default bail. Therefore, in the backdrop as above, the Court has no
power to intervene with the indefeasible right of the applicant conferred
on him by the legislative mandate of Section 167(2). Hence, order ORDER
1.
Applicant/accused Mr. Ashish Kumar, in connection with RC
0262021A0006 registered with CBI/ACB, Mumbai be released on his
execution P.R. bond of Rs.30,000/- (Rs. Thirty Thousand only) with one
or two sureties in the like amount.
2. Provisional cash bail of Rs. 30,000/- is granted to the accused for
two months from today.
3.
Applicant/accused shall not directly or indirectly make any
inducement and/or influence and or pressurize or cause any threat or
give any promise to anybody acquainted with the facts of accusations
made against the applicant/accused, so as to dissuade such person from
disclosing such facts to the court or to the investigating agency and shall
not tamper in any manner whatsoever with the prosecution evidence
whatsoever.
4.
Applicant/accused shall furnish copy of his Aadhar card and all
other documents of his permanent residence to police.
5.
Applicant/accused shall not change his permanent residence and
shall not leave City of Mumbai without prior written permission of this
Court.
6.
In the event any of the condition herein being violated, the
prosecution would be at liberty to seek for cancellation of bail.
7.
Criminal Bail Application No. 502 of 2021 stands disposed off
accordingly.

Date :10.06.2021
(A.S. Sayyad)
Special Judge (C.B.I.),
City Civil & Sessions Court,
Gr. Bombay.

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Dictated on
Transcribed on
Signed by HHJ on
: 10.06.2021
: 10.06.2021
: 10.06.2021
BA 502/2021 in RA 407/2021
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BA 502/2021 in RA 407/2021
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
NAME OF STENOGRAPHER
11.06.2021 ( 11.55 a.m.)

MRS. K.Y. INAMDAR
(STENOGRAPHER)
Name of the Judge
(with Court Room No.)

Shri A.S. Sayyad
C.R. No.52
Date of Pronouncement of JUDGMENT/ ORDER
10.06.2021
JUDGMENT/ORDER signed by P. O. on
10.06.2021
JUDGMENT/ORDER uploaded on
11.06.2021