Excelsior Correspondent
JAMMU, Nov 13: Special Judge Anticorruption Baramulla Amarjeet Singh Langeh has granted default bail to Altaf Hussain Khan, Naib Tehsildar (NT), who was caught red-handed by the ACB, as ACB failed to produce chargesheet in prescribed period.
After hearing both the sides, court observed, “admittedly, accused is in custody in FIR in question for more than 60 days from the date investigating agency obtained first remand qua him. In terms of clear, obvious and compelling mandate of Section 187(3) of BNSS, an indefeasible right of bail accrues to an accused if investigating agency fails to produce charge sheet in competent court of law within prescribed period”.
“In the case in hand, investigating agency – ACB Baramulla was obligated to present charge sheet before the expiry of a period of 60 days from the date of first remand of petitioner. It has not been able to do so”, the court said while allowing the application.
Accordingly, court admitted the accused to default bail in terms of Section 187(3) of BNSS subject to furnishing of bail and surety bonds in the amount of Rs 25,000 each.
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