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2017 (12) TMI 1818 - HC - Indian LawsSeeking release on Bail - investigation was not completed within the stipulated period of ninety days thus rendering his continued incarceration in judicial custody illegal - section 167(2) of Cr.P.C - HELD THAT:- The role of the Petitioner appears to be limited to the extent of operating illegal gateways using SIM cards allegedly procured through fraudulent mean from the various telecom service providers and giving access to people to make and receive international calls routed partly over VoIP and partly though the cellular networks and thereby cause loss to the public exchequer. When the bail applications of the Petitioner and similarly placed co-accused persons were being heard, it was submitted on behalf of the State that investigation was going on to ascertain if the role of the Petitioner and similarly placed co-accused persons were limited to operating illegal gateways to facilitate communication in a manner not approved by the Department of Telecommunications or were the Petitioner and the similarly placed co-accused persons involved in the larger conspiracy of assisting terror related activities in the State of J&K and other parts of the country. This would show that, as regards the Petitioner herein, investigation was still continuing to unearth the extent of his role and to see if he had a role to play in the larger conspiracy. In that case, the substratum of the offence suspected to have been committed by the Petitioner is still under investigation and therefore the investigation into the involvement of the Petitioner cannot be said to have been completed. On the date on which the police report was filed, it was conceded to by the police itself that investigation against those under custody was still pending. This factor when seen in conjunction with the fact that the police report was filed at the fag end of the ninety-day period after which the Petitioner would have been eligible for default bail makes it apparent that the charge sheet against the Petitioner has been filed only with the intent of frustrating the right of the Petitioner to apply for default bail u/s. 167(2) Cr.P.C. The petition succeeds and the Petitioner shall be released on bail u/s.167(2) Cr.P.C upon such conditions set by the Ld. Trial Court - Petition allowed.
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