Jammu Tawi, April 20
Special Judge Anticorruption Jammu Sanjeev Gupta today granted default bail to Kewal Sharma Ex-PRO as State Vigilance Organziation failed to present challan in Court after expiry of 60 days. Special Judge Anticorruption Jammu Sanjeev Gupta after hearing Adv Vikram Sharma for the Ex-PRO observed that petitioner who has been arraigned as an accused in case FIR No:32/2015 registered in police station VOJ under section 5(1)(e) r/w section 5(2) of J&K P.C.Act 2006, has filed the instant application for grant of bail under the proviso to the sub section (2) of section 167 of Code of Criminal Procedure, on account of default on the part of the investigating agency in completing the investigation of the aforesaid case within the specified period of 60 days. It is submitted in the application that petitioner is prepared to furnish the bail as directed by the court. Sr.PO appearing for the VOJ has conceded that the statutory period provided under proviso to the sub section (2) of section 167 of Code of Criminal Procedure has expired but the investigation has not been completed as yet in the case. The case diary file produced by investigating officer of the case by Sh.H.L.Pandita Dy.SP shows that accused was taken into custody on 20.02.2017 however the investigating officer has expressed his inability to file charge sheet in the court after the expiry of 60 days and has filed an application for judicial remand of the accused. Special Judge Anticorruption Jammu Sanjeev Gupta observed that when an application for bail is filed by an accused for enforcement of his indefeasible right alleged to have been accrued in his favour on account of default on the part of the investigating agency in completion of the investigation within the specified period, it is obligatory on the part of the Magistrate/ court to dispose of it forthwith, on being satisfied that in fact the accused has been in custody for the period of 60 days as specified and no charge sheet has been filed by the investigating agency. Thus, it becomes clear that on the expiry of period of sixty days, an indefeasible right accrued in favour of an accused for being released on bail on account of default by the investigating agency in the completion of the investigation within the period prescribed and the accused is entitled to be released on bail , if he is prepared to and furnishes the bail as directed by the court.
With these observations court accepted the application for bail filed by the petitioner and directed that he shall be released on bail on account of the default on the part of the investigating agency in completing the investigation within the stipulated period. The petitioner shall furnish bail bond to the tune of Rupees one lac with a personal bond of the same amount. The petitioner shall co-operate with the investigating agency and appear before the I.O as and when directed to do so. He shall not contact any prosecution witness or tamper with the evidence JNF
Jammu Tawi, April 20