2020 (2) TMI 1598

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....f Prize Chits Money Circulation Scheme (Banning Act), 1978 and Section 65 of the IT Act. 3. It is contended by counsel for the petitioner that in the present case, petitioner was arrested on 25.05.2019 and an incomplete charge-sheet was filed on 22.07.2019. The time provided for concluding the investigation is 90 days which expired on 24.08.2019. It is contended that cognizance was taken by the Court on the incomplete charge-sheet on 22.07.2019 which was challenged by the petitioner before the revisional Court. Revisional Court vide Order dated 16.01.2020 has set aside the order of taking of cognizance and has remanded the case. 4. It is also contended that a request was made to the Court below to hear the charge arguments but the Cou....

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....ive or remain enforceable on the challan being filed. The accused, so released on bail may be arrested and committed to custody according to the provisions of the Code of Criminal Procedure. 8. Learned Additional Advocate General has opposed the bail application. It is contended by Investigating Officer that charge-sheet was complete against the present petitioner and the matter was only kept pending with regard to investigation in relation to other two hundred plus suspected persons. It is contended that against order passed by the revisional Court, State has already preferred a misc. petition. 9. I have considered the contentions and have perused the charge-sheet. 10. In the charge-sheet submitted before the Court, in the last pa....

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.... that it is the practice of SOG to make a note that the matter is kept pending under Section 173(8) of Cr.P.C. against all is also not a ground to deny the bail, more particularly when it is clearly mentioned in the charge-sheet that the investigation is kept pending under Section 173(8) of Cr.P.C. against the present petitioner. It is true that Investigating Agency has a right to continue with the investigation but equally it is true that if the investigation is not completed within a prescribed time then the accused is entitled to default bail under the provision of Section 167 of Cr.P.C. 15. Considering the contentions put forth by counsel for the petitioner and after perusing the charge-sheet, I deem it proper to allow the bail appli....