The Bombay High Court has observed that the right of a defendant to obtain default bail where an indictment is not filed within the prescribed time cannot be overridden by simply invoking a more serious section which grants more time for the prosecution to file the indictment.
On April 25, Judge CV Bhadang granted default bail to Alnesh Somji, a Pune-based builder, after police failed to file an indictment after 60 days. Instead, police cited more serious cases against him, which gives police 90 days to file an indictment since it is a more serious offence.
When granting bail, the HC observed that although the police have the right to investigate and add new or more serious charges, giving them more time to investigate further, this does not does not mean that the courts do not have the power to determine whether such an infringement is ex facie drawn into the case.
An FIR has been registered by Koregaon Park Police Station in Pune against Somji following a complaint filed by a certain Yogesh Dixit last October for failing to repay Rs 67 lakh. Somji and his wife were arrested at Delhi airport on November 1, 2021. His wife was released on bail last year.
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Posted: Monday 02 May 2022, 08:47 IST