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2023 (9) TMI 1442 - HC - Indian LawsGrant of default bail - incomplete chargesheet or not - FSL report awaited - whether the main chargesheet as well as the subsequent supplementary chargesheets filed in the present case are incomplete on account of non-filing of documents likke doctor's opinion, FSL Report and sanction order u/s 39 of the Arms Act, 1959? - HELD THAT:- With regard to requirement sanction vis-a-vis default bail under Section 167(2) of the CrPC, in Judgebir Singh alias Jasbir Singh Samra alias Jasbir and Others v. National Investigation Agency [2023 (5) TMI 1302 - SUPREME COURT], the Hon'ble Supreme Court took note of the decision in Suresh Kumar Bhikamchand Jain [2013 (2) TMI 821 - SUPREME COURT] and held that a chargesheet filed without sanction would not be deemed incomplete. In the present case, the investigation qua the applicant was complete at the time the first chargesheet was filed, as regards the offences mentioned in the FIR, on 02.12.2021. At the time of filing of the first chargesheet, there was sufficient material on record qua the applicant such as statements of eye-witnesses and other material evidence collected and placed on record. Mere non-filing of the FSL Report is not sufficient to conclude that the chargesheet filed in the present case was incomplete. The said report can be filed by way of a supplementary chargesheet. In any case, the case of the prosecution is primarily based on the eye witness account of the complainant. The FSL report, if any, would be a corroborative piece of evidence. The opinion of the expert can always be filed before the learned Trial Court by way of supplementary chargesheet. It is further pertinent to note that in the present case, the learned Trial Court had taken the cognizance after the chargesheet was filed and the said order was not challenged by the petitioner. This Court is of the opinion that the chargesheet filed in the present case was not incomplete - the bail application is dismissed.
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