NARENDRA KUMAR AMIN Vs. CBI

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is filed by the accused appellant against the judgment and order dated 16.08.2013 of the High Court of Gujarat at Ahmedabad in Special Criminal Application (quashing) No. 2167 of 2013 rejecting the Default Bail under Section 167 (2) of the Code of Criminal Procedure, 1973 (in short "Cr.P.C.") to the appellant in a case instituted by filing a charge sheet dated 3.7.2013 submitted by the CBI in the Court of Additional Chief Judicial Magistrate, Court No.II, Mirzapur, numbered as Special Criminal Case No. 1 of 2013 on 8.7.2013.

(3.) The appellant/accused was arrested on 4.4.2013 for an offence which had taken place on 15.6.2004, which is popularly known as the fake encounter death of Ishrat Jahan. The offence alleged against the appellant was punishable with life imprisonment or death and what is popularly called Default Bail becomes the indefeasible right on the expiry of 90 days in the event of non filing of police report by then. On 3.7.2013 the first respondent viz. CBI filed what they called the charge sheet which is alleged by the appellant as a misnomer because it does not comply with the statutory requirement of police report under Sections 173 (2) and 173(5) of Cr.P.C.