NIA case on fake currency, not giving the chargesheet soonb

913 votes

yes you can file for default bail yes you can file for default bail yes you can file for default bail yes you can file for default bail yes you can file for default bail yes you can file for default bail

Advocate Gyan Prakash LawRato

584 votes

since the Bihar Police had already filed a chargesheet before the NIA took over, the right to claim default bail under Section 167(2) CrPC will not arise. Default bail is available only when the investigating agency fails to submit the chargesheet within the statutory period (60/90 days, or 180 days in special statutes like UAPA). Once a chargesheet is filed by any competent agency (here, the Bihar Police), the right to default bail gets extinguished, even if a supplementary chargesheet is delayed. When the NIA takes over investigation under the NIA Act, it is empowered to conduct further investigation and file a supplementary chargesheet. The absence of a supplementary chargesheet for several months does not revive the right to default bail. However, undue delay in filing supplementary chargesheets or producing evidence can be challenged as a violation of the right to a speedy trial guaranteed under Article 21 of the constitution. In such a case, your remedy would be to file a discharge petition under Section 227 CrPC, arguing that the existing chargesheet lacks material to frame charges, and also move an application before the Special NIA Court or High Court seeking expeditious trial, citing delay as prejudice to the accused.

Advocate Hasnain Haider LawRato