After considering the arguments and judgments cited, Justice Sharma said that though the offences alleged are very serious and very high in magnitude, the material collected so far by the agency falls too short.
The Court concluded that the chargesheet filed by the CBI in this case an incomplete/piecemeal one and terming the same as a final report under Section 173 (2) CrPC, merely to scuppter the statutory and fundamental right of default bail, shall negate the provision under Section 167.
This will be against the mandate of Article 21 of the Constitution of India, the Court added.
“I consider that the order passed by the learned Sessions Judge is based on good reasoning and logic. There is no illegality or perversity in the order of the learned Sessions Judge. I do not find any force in the arguments of learned SPP that once the charge sheet had been filed qua the respondents, the right of the statutory bail could not have been granted to them.”
The Bench, therefore, dismissed CBI’s plea.
Source: Barandbench
