Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 8800386163
While deciding the question whether the accused could avail the statutory remedy of default bail when the investigation is pending against other accused, the Hon'ble Supreme Court held in negative by holding that the statutory right to default bail cannot be availed by the accused once the charge-sheet is filed against him.
The Court added that the accused cannot exercise the right to be released on default bail on the ground of incomplete submission of the charge-sheet or that the investigation is pending against other co-accused.
"Though ordinarily all documents relied upon by the prosecution should accompany the chargesheet, nonetheless for some reasons, if all the documents are not filed along with the chargesheet, that reason by itself would not invalidate or vitiate the chargesheet. It is also well settled that the court takes cognizance of the offence and not the offender," the Court observed
Case Title : CENTRAL BUREAU OF INVESTIGATION VERSUS KAPIL WADHAWAN & ANR.(2024 SC)
