SRI VIKRAM CHAUDHARY Vs. SRI GYAN PRAKASH

JUDGEMENT

(1.) When the instant matter is being taken up, Sri Zain Abbas, learned counsel for the petitioner submits that the case is to be argued by Sri Vikram Chaudhary, learned Senior Counsel from Delhi through Video Conferencing.

(2.) Petitioner is an accused vide FIR No.RC/DST/2018/A/0004 dated 17.1.2018 for the offences under Sections 120-B of IPC and Sections 13 (2) r/w 13 (1) (b) and 13 (1) (d) of the Prevention of Corruption Act , 1988, Police Station STF, District New Delhi. He was taken into custody on 10.2.2020 and was produced before the Special CBI Court on 11.2.2020 for remand. CBI Court was pleased to remand him to CBI custody, vide order dated 11.2.2020. However, charge-sheet could not be filed within the stipulated period of 60 days.

(3.) As there was complete lock down due to COVID-19 pandemic, on 12.4.2020, the petitioner filed an application for default bail through e-mail before the District Judge, Ghaziabad under Section 167 (2) of Code of Criminal Procedure (Cr PC). As appears from the documents available on record, the District Judge, Ghaziabad forwarded the said application to the Special CBI Court, Ghaziabad on 16.4.2020 and in turn, on 17.4.2020, the Special CBI Court had gone to the District Jail, Ghaziabad for considering the application filed by the petitioner under Section 167 (2) of Cr PC.