TMI Blog2019 (7) TMI 1378X X X X Extracts X X X X X X X X Extracts X X X X ..... offences where investigation relates to any offence other than total imprisonment for life or imprisonment for a term of not less than 10 years - Here the maximum sentence punishable is imprisonment for five years therefore, respondent had to file the charge sheet within 60 days. But admittedly, charge sheet has not been filed, therefore, right of `default bail' accrued to the applicant after completion of 60 days. It was the duty of the investigating agency to submit charge sheet within the stipulated period, but same has not happened. This application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of ₹ 5,00,000/- - Application allowed. - MCRC. 13019/2019 - - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has not been adjudicated by the respondent under the Act by issuing show cause notice and quantifying the evasion of duties. It is further submitted on behalf of the applicant that applicant was arrested on 6.2.2019 and charge sheet has not been filed within 60 days. Offence under Section 132 of the Act is punishable with maximum jail sentence of five years, therefore, charge sheet ought to have been filed within 60 days but omission to file charge sheet within 60 days, applicant gets indefeasible right to be released on bail. Till today, he has already suffered confinement for 63 days and the charge sheet has not been filed. He relied upon Section 167 (2) of the Code of Criminal Procedure and also on the judg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Union of India reported as 2018(19) G.S.T.L. 591 (Cal.) and hence, prayed for dismissal of the bail application. Heard learned counsel for the parties at length and perused the case diary. This is a case where the applicant is facing heat of investigation under Section 132 of the Act. Section 132 of the Act prescribes punishment for certain offences and maximum sentence which can be awarded, is five years. Section 167 (2) of the Cr.P.C provides 60 days time to the investigating agency to submit charge sheet for the offences where investigation relates to any offence other than total imprisonment for life or imprisonment for a term of not less than 10 years. Here the maximum sentence punishable is imprisonment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt with the trial court which shall be kept by the trial court till conclusion of trial or with the leave of the court, as the case may be; 2. The applicant shall appear before O.I.C of the case/Investigating Officer of the case in hand on every Monday, Wednesday and Friday between 10.30 AM to 5 PM without any default till filing of the charge sheet and till full completion of investigation of the case and any default or absence, would dis-entitle him from the benefit of bail granted by this Court; 3. The applicant shall cooperate in the investigation and shall have to respond to the queries posed by the Investigating Officer/other officers of the department. Non-cooperation would also dis-entitle him from ..... X X X X Extracts X X X X X X X X Extracts X X X X
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