Order in CBI BA 118/2024 in RA No.1433/2023
..1..

IN THE COURT OF SPECIAL JUDGE (C.B.I.) FOR GREATER MUMBAI
CBI BAIL APPLICATION NO.118 OF 2024
(CNR NO.MHCC02-002387-2024)
IN
CBI REMAND APPLICATION NO.1433 OF 2023
IN
RC NO.0262023A0036/CBI/ACB/MUMBAI
Vishal Kumar Bharti S/o Sanjay Kumar,
Suman, Age 20 Years,
R/at: Ward No.10, Manipur, Manikpur,
Araria, Bihar, Pin Code:854336
Versus
The State of Maharashtra
(at the instance of CBI, ACB, Mumbai)
.. Applicant/Accused No.3
.. Respondent
Appearance:
Learned Adv. Madhusudan Pareek for the applicant/accused No.3.
Learned P.P. Vimal Soni for the respondent/CBI.
CORAM : H.H.THE SPECIAL JUDGE (C.B.I.)
SHRI D.P. SHINGADE (Court No.49)
(In Charge of Court No.48)
DATE : 09th February, 2024
-:ORAL ORDER:Matter pertains to Court No.48.
1.

This is an application filed on behalf of applicant/accused No.3
Vishal Kumar Bharti S/o Sanjay Kumar under Section 167(2) of the
Code of Criminal Procedure (in short УCrPCФ) for releasing the accused
on bail commonly known as Сdefault bailТ.

Order in CBI BA 118/2024 in RA No.1433/2023
2.

..2..

The applicant/accused is arraigned as an accused in the above CR
No.RC
NO.0262023A0036/CBI/ACB/MUMBAI
for
the
offences
punishable under Sections 7 and 7A of the Prevention of Corruption
Act, 1988 (in short УPC ActФ) read with Section 120-B of the Indian
Penal Code (in short УIPCФ). During the course of the investigation,
Sections 420, 467, 468 and 471 of the IPC were added. During the
course of the investigation, the applicant/accused came to be arrested
on 11.11.2023. The applicant was remanded to Police Custody and
thereafter, he was remanded in Judicial Custody. Prior to filing of the
present application, the application filed by the applicant/accused for
regular bail came to be rejected by order dated 01.12.2023.

3.

Learned P.P. Vimal Soni has filed handwritten reply on the
application itself. He has submitted that the accused was arrested on
10.11.2023 and till today, the chargesheet has not been filed in this
case. He requested that the matter is pending for investigation and
hence, time may be granted for filing the reply by Investigating Officer
(in short УIOФ).

4.

Learned Adv. Madhusudan Pareek for the applicant/accused has
submitted that the CBI has not filed the chargesheet within 90 days
from the date of the remand/arrest of the applicant/accused and
therefore, the present application has to be decided on the same day
itself. In support of his submission, he placed reliance on Union of India
through CBI v. Nirala Yadav @ Raja Ram Yadav @ Deepak Yadav
reported in (2014) 9 Supreme Court Cases 457, wherein, the HonТble
Supreme Court has held that Уaccused has an indefeasible right to be
released on bail under Section 167(2) once the statutory period had
Order in CBI BA 118/2024 in RA No.1433/2023
..3..

expired without charge-sheet having been filed, and court must dispose
of bail application of accused under Section 167(2) on the same day
itself.Ф
5.

The above position of law is not disputed by the learned P.P.

Therefore, though the learned P.P. has requested time to file reply on the
application, his request cannot be accorded and the Court will have to
decide the application today itself.

6.

As stated above by both the sides, the statutory period of 90 days
has expired without chargesheet having been filed, this Court would
have no option but to release the applicant/accused on bail under
Section 167(2) of the CrPC (default bail) on certain terms and
conditions. In the result, the following order:
: ORDER :
1.

The application for default bail of the applicant/accused No.3
Vishal Kumar Bharti S/o Sanjay Kumar is hereby allowed.

2.

The applicant/accused shall be released on executing P.R.
bond and Surety bond of Rs.60,000/- with one or more
sureties in the like amount in connection with crime number
i.e. RC NO.0262023A0036/CBI/ACB/MUMBAI
3.

The applicant/accused shall co-operate the Investigating
Officer in the investigation, as and when required.

4.

The applicant/accused shall not directly or indirectly make
any inducement, threat or promise to any person acquainted
with the facts of the case so as to dissuade him from
disclosing such facts to the Court or to any police officer or
tamper with the evidence.

Order in CBI BA 118/2024 in RA No.1433/2023
5.

..4..

The applicant/accused shall not leave India without prior
permission of the Court.

Date : 09.02.2024
Date of Dictation
Date of Transcription
Date of signature
: 09.02.2024
: 09.02.2024
: 09.02.2024
(D.P. Shingade)
Special Judge (CBI),
(In charge of Court No.48)
City Civil And Sessions Court,
Gr. Mumbai
УCERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED ORDER.Ф
UPLOAD DATE
TIME
STENOGRAPHER NAME
09.02.2024
At about
04:25 p.m.

Tushar P. Kuwar
Name of the Judge
(With Court Room No.)

H.H.J. SHRI. D.P. Shingade
(Court Room No.49)
(In Charge of Court No.48)
Date of pronouncement of Order
09.02.2024
Order signed by P.O. on
09.02.2024
Order uploaded on
09.02.2024