Section 167 crpc: Accused cannot claim default bail on the ground that the further investigation against other accused is pending
Head note: Challenge – Facts – Arrest & custody – Application filed under section 167(2) crpc on the ground chargesheet was incomplete – Special court by a separate order took cognizance on the offence – Thereafter Special court granted bail under section 167(2) crpc – Hon’ble High Court dismissed the petition filed by the appellant (CBI) – Analysis – Two different standpoints of the Special court on deciding default bail – CBI having kept the investigation pending for other accused is to be considered the present chargesheet as incomplete – Final report is complete if it is accompanied with all the documents section 173(5) crpc – Further investigation pending against other accused and non-production of documents while filing charge sheet would not vitiate the chargesheet – Accused cannot claim default bail on the ground that the investigation against other accused is pending.
