Mumbai, India – June 10, 2021 – In a significant development, a Special CBI Court in Greater Mumbai today granted default bail to Ashish Kumar, an accused in a bribery case registered by the Central Bureau of Investigation (CBI), Anti-Corruption Branch (ACB), Mumbai. The decision, delivered by His Honour Special Judge Shri A.S. Sayyad, came as the CBI failed to file a charge-sheet within the stipulated 60-day period, thereby granting the accused an “indefeasible right” to bail under Section 167(2) of the Code of Criminal Procedure (Cr.P.C.).
The Case Against Ashish Kumar
Ashish Kumar, identified as a resident of Delhi, was arrested on April 8, 2021, following the lodging of an FIR (RC No. 0262021A0006) by CBI, ACB, Mumbai. The charges against him fall under Section 7(a) of the Prevention of Corruption Act, 1988 (as amended in 2018). This section deals with public servants taking gratification other than legal remuneration in respect of an official act.
Upon his arrest, Kumar was produced before the court on April 9, 2021, and subsequently remanded to judicial custody. From that date until the date of this bail application, a period of 61 days had elapsed, exceeding the legal limit for filing a charge-sheet in such cases.
Applicant’s Plea for Default Bail
Mr. Ashish Kumar, represented by Ld. Advocate Shri Kamlesh Mishra, filed an application asserting his right to default bail. The core of his argument was that despite his continuous judicial custody since April 9, 2021, the investigating agency had failed to complete its investigation and file the charge-sheet within the legally mandated 60-day period. This failure, he contended, automatically conferred upon him the “indefeasible right of default bail.”
CBI’s Response and Concession
The prosecution, represented by Ld. P.P. Shri Gaikwad for CBI, ACB, Mumbai, resisted the application by filing a reply (Exh.2). They argued that there was “strong incriminating material” against the applicant, citing that he was caught red-handed demanding and accepting a “huge amount.”
However, in a crucial admission, the investigating officer, Mr. Rohit Kumar Yadav, conceded that the investigation against Ashish Kumar was still in its “final stage.” He further admitted that the evidence collected would be forwarded to the concerned department to seek prosecution sanction under Section 19 of the P.C. Act.
Mr. Yadav attributed the delay to specific challenges:
- The “movement of witnesses was restricted due to rule of 15% under the Govt. offices,” making it difficult to collect documents from government departments and secure witness attendance in a timely manner.
- These reasons, the investigating officer fairly conceded, resulted in their “failure in non submitting charge-sheet in stipulated period of limitation i.e. 60 days.” Despite this admission of delay, the prosecution still sought the rejection of the bail application.
Court’s Scrutiny and Legal Precedent
The court also sought a report from the Sessions Registrar, which confirmed that as of the date of the hearing, no charge-sheet had been filed. Both the defense and the prosecution agreed that Ashish Kumar was arrested on April 9, 2021, and had remained in judicial custody since then, and crucially, that the charge-sheet had not been filed within the stipulated period.
Special Judge Shri A.S. Sayyad meticulously examined the legal provisions. He noted that the offense under Section 7(a) of the P.C. Act carries a punishment of imprisonment not less than 3 years, extendable up to 7 years, along with a fine. Citing Section 167(2)(a)(ii) of the Cr.P.C., the Judge highlighted that for “any other offence” (not punishable with death, life imprisonment, or imprisonment for a term of not less than 10 years), the investigation period is 60 days. Upon the expiry of this period, the accused “shall be released on bail if he is prepared to and does furnish bail.”
Applying this to the present case, the court determined that the 60-day period for filing the charge-sheet expired on June 7, 2021. Ashish Kumar’s bail application was filed on June 8, 2021, and heard today, June 10, 2021, by which time the charge-sheet was still not on record. The investigating officer also failed to present any document seeking an extension of time for filing the charge-sheet with reasonable grounds.
Indefeasible Right to Bail
Given these circumstances, the Special Judge ruled that the CBI’s failure to file the charge-sheet within the prescribed period automatically conferred an “indefeasible right” to default bail upon the applicant. The court concluded that it had “no power to intervene with the indefeasible right of the applicant conferred on him by the legislative mandate of Section 167(2).”
Bail Conditions
Accordingly, the court ordered the release of Ashish Kumar on the following conditions:
- Execution of a Personal Recognizance (P.R.) bond of Rs. 30,000/- with one or two sureties in the like amount.
- Provisional cash bail of Rs. 30,000/- granted for two months from today.
- The applicant shall not directly or indirectly make any inducement, influence, pressurize, threaten, or promise to any person acquainted with the facts of the accusations, so as to dissuade them from disclosing facts to the court or investigating agency, and shall not tamper with prosecution evidence.
- The applicant shall furnish a copy of his Aadhaar card and other permanent residence documents to the police.
- The applicant shall not change his permanent residence and shall not leave the City of Mumbai without prior written permission of this Court.
- In the event of any violation of these conditions, the prosecution is at liberty to seek cancellation of bail.
With this order, Criminal Bail Application No. 502 of 2021 stands disposed of. The case highlights the strict adherence to procedural safeguards in criminal law, ensuring that investigative agencies meet their statutory deadlines.