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Ex-deputy CM's PRO gets default bail
4/20/2017 10:25:41 PM
Early Times Report

Jammu, Apr 20: Special judge anti-corruption, Jammu, Sanjeev Gupta today granted default bail to ex-deputy CM's PRO Kewal Sharma in view of the failure of state vigilance organsiation (SVO) to present challan in the court after expiry of 60 days.
After hearing his counsel, the judge said the petitioner, who had been arraigned as an accused in case under section 5(1)(e) read with 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 60 days. It was submitted in the application that petitioner is prepared to furnish the bail as directed by the court.The senior PO conceded that the statutory period had expired but the investigation had not been completed as yet in the case. The judge said when an application for bail was 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 was obligatory on the part of the court to dispose it of forthwith
"Thus it becomes clear that on the expiry of 60 days, the accused is entitled to be released on bail , if he is prepared to and furnishes the bail as directed by the court," the judge said.
With these observations, the court accepted the application for bail filed by the petitioner and directed that he would 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 a bail bond of Rs 1 lakh with a personal bond of the same amount. The petitioner shall cooperate with the investigating agency and appear before the IO as and when directed to do so. He shall not contact any prosecution witness or tamper with the evidence ," the court directed. --(JNF)
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