CENTRAL BUREAU OF INVESTIGATION versus KAPIL WADHAWAN & ANR.

CENTRAL BUREAU OF INVESTIGATION versus KAPIL WADHAWAN & ANR.

Because the chargesheet was filed against the respondents within the prescribed time and the Special Court took cognizance of the offences against them, the respondents were not entitled to claim statutory default bail under Section 167(2) on the ground that further investigation remained pending qua other accused;...

Source-derived case information.

Parties
Appellant: Central Bureau of Investigation; Respondent: Kapil Wadhawan; Respondent: Dheeraj Wadhawan
Jurisdiction
India
Judgment Date
24 January 2024
Procedural Posture
Criminal Appeal / Appeal From High Court Judgment; Supreme Court Judgment on Appeal
Outcome
Appeal allowed; impugned orders set aside
Legal Topics
Default Bail, Section 167 Cr.p.c., Section 173 Cr.p.c., Chargesheet, Further Investigation, Cognizance
Criminal Law Criminal Procedure Constitutional Law Default Bail Section 167 Cr.p.c. Section 173 Cr.p.c. Chargesheet Further Investigation +1 more

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Parties

Central Bureau of Investigation

Appellant

Kapil Wadhawan

Respondent

Dheeraj Wadhawan

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Judgment; Supreme Court Judgment on Appeal

Legal Issues

  1. 1 Whether respondents were entitled to default bail under the proviso to Section 167(2) Cr.P.C. because investigation qua some other accused remained pending though a chargesheet under Section 173(2) was filed within the statutory period and cognizance was taken before consideration of the default bail application

Ratio Decidendi

Because the chargesheet was filed against the respondents within the prescribed time and the Special Court took cognizance of the offences against them, the respondents were not entitled to claim statutory default bail under Section 167(2) on the ground that further investigation remained pending qua other accused; consequently the High Court and Special Court orders granting default bail were set aside and the appeal allowed.

Court Disposition

Appeal allowed; impugned orders set aside

Orders

  • Order dated 03.12.2022 of the Special Court granting default bail to respondent nos.1 and 2 set aside
  • Order dated 30.05.2023 of the High Court upholding the Special Court order set aside