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| Anticorruption Court grants default bail to NT in trap case | | | Early Times Report
Jammu, Nov 13: Special Judge Anticorruption Baramulla Amarjeet Singh Langeh granted default bail to Altaf Hussain Khan Naib Tehsildar who was caught red-handed by the ACB, as ACB failed to produce chargesheet in prescribed period.
Court after hearing both the sides, observed that 5. Admittedly, accused is in custody in FIR in question for more than 60 days from the date investigating agency obtained first remand qua him. In terms of clear, obvious and compelling mandate of Section 187(3) of BNSS, an indefeasible right of bail accrues to an accused if investigating agency fails to produce charge sheet in competent court of law within prescribed period as mentioned in aforesaid Section while accused is in custody. In the case in hand, investigating agency – ACB, Baramulla was obligated to present charge sheet in aforesaid FIR before the expiry of a period of 60 days from the date of first remand of petitioner. It has not been able to do so. A fortiori therefore, an undeniable and indefeasible right of bail accrues to petitioner in terms of Section 187(3) of BNSS. To top it all, petitioner is also prepared to furnish the bail bonds and that his how instant application.
For all what is said herein-above, this application is allowed and petitioner is admitted to default bail in terms of Sec. 187(3) of BNSS subject to furnishing of bail and surety bonds in the amount of Rs. 25,000/- each, Court ordered. JNF |
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