RAJ KISHORE HARBANSH, S/O LATE TULARAM HARBANSH Vs. STATE OF CHHATTISGARH THROUGH ANTI CORRUPTION BUREAU

JUDGEMENT

(1.) With the consent of Learned Counsel appearing for the parties, the matter is heard finally.

(2.) The instant revision has been preferred against the order dated 2.4.2019 passed by the Special Judge under the Prevention of Corruption Act (henceforth 'the PC Act'), Bilaspur in Special Criminal Case No.258 of 2015, whereby the application filed by the Applicant/accused under Section 436-A of the Code of Criminal Procedure for grant of default bail has been rejected.

(3.) Briefly stated the facts of the case are that the Applicant/accused was arrested on 2.6.2015 in connection with Crime No.38 of 2011 for alleged offences punishable under Sections 13(1)(e) and 13(2) of the PC Act. After filing of the charge-sheet, on 23.11.2015, the Special Court framed charges against the Applicant/accused for offences punishable under Sections 13(1)(e) and 13(2) of the PC Act. Regular bail application of the Applicant under Section 439 of the Code of Criminal Procedure has already been rejected. Since the charges framed against the Applicant are under Sections 13(1) (e) and 13(2) of the PC Act, which are punishable by the maximum prescribed sentence of imprisonment for 7 years, on 19.3.2019, an application under Section 436-A of the Code of Criminal Procedure was filed by him for grant of default bail on the ground that he has already remained in custody for more than 3 years and 9 months and, therefore, he is entitled to get default bail. Vide the impugned order dated 2.4.2019, the Special Court has rejected the application of the Applicant under Section 436-A of the Code of Criminal Procedure on the ground that only the statements of defence witnesses are left to be recorded and thus the case is at final stage. Hence, the present revision by the accused.