2020 (5) TMI 697

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....vestigation Team was constituted. After enquiry, the informant Jasveer Singh Chauhan, Officer-In-Charge of Police Station Banbasa, District Champawat lodged the FIR against the present applicant, Secretary of Dev Bhumi Vidyapith and other co-accused persons. During investigation, embezzlement of Rs. 39,52,000/- was found. 3. During pendency of the regular bail application, the applicant had applied for "default bail" before the learned Chief Judicial Magistrate, Champawat. The said application was rejected on 22.04.2020 after holding that the applicant is not entitled to claim the benefit of default bail in the light of order dated 23.03.2020 passed by the Hon'ble Supreme Court in Suo Motu Writ Petition (CIVIL) No.3/2020 In Re-Cognizance....

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....sing this power under Article 142 read with Article 141 of the Constitution of India and declare that this order is a binding order within the meaning of Article 141 on all Courts/Tribunals and authorities. This order may be brought to the notice of all High Courts for being communicated to all subordinate Courts/Tribunals within their respective jurisdiction. Issue notice to all the Registrars General of the High Courts, returnable in four weeks." 7. On 06.05.2020, the Hon'ble Supreme Court had passed an Order in the very same Suo Motu Writ Petition (CIVIL) No.3/2020 and extended the limitation period for statutory provisions under Section 138 of the Negotiable Instruments Act and the Arbitration and Conciliation Act w....

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.... to be gone into, as held by the Hon'ble Supreme Court in Union of India vs. Thamisharasi and others, (1995) 4 SCC 190. 12. Personal liberty of the individual, guaranteed under Article 21 of the Constitution of India, is very precious fundamental right and it should be curtailed only according to law. 13. The learned counsel appearing for the State opposed the bail application, however, the learned counsel for the State fairly concedes that the application for default bail was moved by the applicant after the statutory period for filing a charge sheet. It is admitted fact between the parties that the investigation is going on and the applicant is in judicial custody since 23.01.2020. 14. In Uday Mohanlal Acharya vs. State of Mahara....