ASHOK GOYAL Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The present petition has been filed under Section 167(2) Cr.P.C. for release of petitioner on bail as challan has not been presented within the prescribed period and the petitioner has become entitled for default bail.

(2.) Learned senior counsel for the applicant-petitioner submits that the petitioner was arrested on 16.08.2018 and was remanded to Police custody on 17.08.2018 uptill 22.08.2018 and since then he is in judicial custody. Learned senior counsel further submits that period of 60 days has expired but no challan/final report has been filed and an indefeasible right has accrued to the petitioner in view of provision of Section 167(2) Cr.P.C.

(3.) Learned senior counsel also submits that in case, the challan is not filed within the statutory period, the accused becomes entitled to claim benefit of bail under the provisions of Section 167(2) Cr.P.C. Learned senior counsel has also relied upon judgment rendered by Hon'ble the Apex Court in Rakesh Kumar Paul vs. State of Assam, 2017 15 SCC 67 and judgments rendered by this Court in Jagtar Singh vs. State of Punjab, 2016 3 RCR(Cri) 618, Master Bholu through his father and natural guardian Vinod Kumar vs. Central Bureau of Investigation, Criminal Appeal No. S-646-SB of 2018 decided on 06.06.2018.