TMI Blog2020 (2) TMI 1598X X X X Extracts X X X X X X X X Extracts X X X X ..... vestigating Agency has a right to continue with the investigation but equally it is true that if the investigation is not completed within a prescribed time then the accused is entitled to default bail under the provision of Section 167 of Cr.P.C. This bail application is accordingly allowed and it is directed that accused petitioner shall be released on bail provided the conditions imposed are satisfies - application allowed. - S.B. Criminal Miscellaneous Bail Application No. 16464/2019 - - - Dated:- 10-2-2020 - Pankaj Bhandari, J. For the Appellant : Rajeev Surana, Sr. Adv. assisted by Sanjay Yadav. For the State : Rajendra Yadav, GA cum AAG, Arvind Bhadu, PP. For the I.O. : Satya Pal Midha. ORDER Pankaj B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Still complete charge-sheet has not been filed, hence, petitioner is entitled to default bail. 6. Counsel for the petitioner has placed reliance on Achpal vs. State of Rajasthan 2019 Crl.L.J. 401 , wherein Apex Court held that if the investigation is not completed within 90 days, accused is entitled to default bail and the provision of code do not empower anyone to extend the period. 7. Counsel for the petitioner has also placed reliance on Rakesh Kumar Pal vs. State of Assam AIR 2017 SC 3948 , wherein the Apex Court held that use of section 344 for a remand beyond the statutory period fixed under section 167 can lead to serious abuse, as an arrested person can in this manner be kept in custody indefinitely while the investigation c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orities to complete the investigation and file the final report. 12. The contention of Investigating Officer that they have concluded 75% of the investigation and would be submitting the final report at the earliest cannot debar the petitioner of default bail. Law is crystallized by the Judgment in Rakesh Kumar Paul vs. State of Rajasthan (Supra) wherein it is held that use of section 344 for a remand beyond the statutory period fixed under section 167 can lead to serious abuse, as an arrested person can in this manner be kept in custody indefinitely while the investigation can go on in a leisurely manner. 13. A period of 168 days have already expired after the statutory period of 90 days which is clearly violative of the rights of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ates of hearing and as and when called upon to do so. 17. The said bail order would be operative till the date of filing of the charge-sheet. It is made clear that the default bail does not prohibit or otherwise prevent the arrest or re-arrest of the petitioner on cogent grounds in respect of the subject charge and upon arrest or re-arrest, the petitioner is entitled to petition for grant of regular bail which application should be considered on its own merit. It is also made clear that this will not impact on the arrest of the petitioner is any other case. 18. Petitioner is directed to deposit the Passport with the trial Court. He will not be entitled to leave the country without seeking prior permission of the trial Court. - - T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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