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| DB upholds order of trial court | | |
Early Times Report
SRINAGAR, July 7: A division bench of Jammu & Kahsmir and Ladakh High Court comprising Justice Ali Mohammad Magrey and Justice Mohammad Akram Chowdhary dismissed the petition filed by Peerzada Rafiq Maqdoomi challenging the order of NIA court Srinagar whereby his bail application has been dismissed.
The DB observed that a reason to say that the charge sheet filed against the accused including the appellant, where on the cognizance was taken and the charges were also framed, can be incomplete so as to entitle the accused/appellant to grant of compulsive / statutory / default bail. The test to be applied while considering a plea for default bail in terms of Section 167 (2) Cr PC, in a case where charge sheet is laid with a stipulation that further investigation is to be conducted in terms of Section 173(8) Cr PC, is that whether affirmative action of taking cognizance and consideration of charge/discharge can be taken, on the basis of the charge sheet laid.
The DB opined that if further action of cognizance and consideration of charge/discharge can be taken on the basis of the charge sheet laid, without waiting for further investigation and supplementary charge sheet, when such a charge sheet is laid within prescribed period, plea of statutory/default/compulsive bail is untenable.
The DB observed that the fact that the charge-sheet, complete in all respects to take cognizance and for framing of charge even without waiting for further investigation as required under Section 173(8) of Cr PC and also supplementary charge-sheet, the same has been filed within statutory period of 180 days. Even the plea raised by the appellant at a later stage on 8-2-2022, cannot be construed to have been raised before filing of charge-sheet on 20-1-2022.
The DB observed that the NIA court has, thus, rightly rejected the plea of default bail raised by the appellant herein. The appellant, however, reserves a right to be admitted to bail as a statutory/default/compulsive bail, in the supplementary charge-sheet, if laid on further investigation, after the extended period of 180 days. With these observations, the DB dismissed the appeal as it is found without any merit and substance. |
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