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2024 (3) TMI 358 - HC - Money LaunderingSeeking grant of Default bail - case of petitioner is that on the date of filing of the prosecution complaint, the investigation was incomplete - complaint was not accompanied by the FSL report - ED after filing of the complaint has issued summon to one director of Supertech - HELD THAT:- The right to default bail has been recognised as a statutory right. This right accrues in favour of an accused, if the chargesheet or complaint as the case may be, is not filed within the stipulated period. The Courts have also in no uncertain terms held that filing of an incomplete chargesheet/complaint would not come in the way of this indefeasible right of the accused - In the present case indisputably, the respondent had filed its complaint within the period of 60 days. The application for default bail came to be filed approximately 30 days after filing of the complaint. In the present case, the respondent has already submitted the requisite documents for obtaining expert opinion from FSL. Preparation of the FSL report is not in the control of investigating agency, though it can take steps for expediting the process - it is the categorical stand of the respondent that investigation against the present petitioner is complete. Mere issuance of summons to another person or seeking leave of the Court to file additional evidence, without there being any other sufficient material to challenge, the petitioner cannot be held to be entitled to a default bail. There are no merit in the petition and the same is accordingly dismissed.
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