Mumbai, October 6, 2017 – In a notable order passed by the Special Judge (CBI) for Greater Bombay, Shri P. S. Tarare, default bail has been granted to Shri Rajesh Manikchand Jain, an accused in a case registered by the Central Bureau of Investigation (CBI), BS & FC, Mumbai, under R.C.NO.RCBSM2015E0007. The bail was granted as the investigating agency failed to file a chargesheet within the stipulated 60-day period from the date of arrest.

The case against Shri Rajesh Manikchand Jain involves allegations under Section 120 B read with Sections 420 (cheating), 468 (forgery for purpose of cheating), and 471 (using as genuine a forged document) of the Indian Penal Code (IPC),¹ as well as Section 13 (2) read with Section 13 (1) (d) of the Prevention of Corruption Act.

Shri Jain, aged 58 and residing in Delhi, was arrested on August 3, 2017, in connection with the aforementioned crime and was produced before the Special CBI Court on August 4, 2017.

Advocate Mr. H H Nagi appeared on behalf of the applicant/accused, while the Special Public Prosecutor (SPP) for the CBI was absent during the hearing on October 4, 2017.

In his application for bail (Bail Application No. 608 of 2017), filed under Section 167 (2) of the Criminal Procedure Code (CrPC), 1973, Shri Jain contended that more than 60 days had elapsed since his arrest on August 3, 2017, with October 3, 2017, marking the completion of this period. He further submitted that the CBI had not filed the chargesheet in the case until the date of the application.

The court, after hearing the submissions of the defense counsel and perusing the case records, took note of a significant judgment by the Hon’ble Apex Court in the case of Rakesh Kumar Paul v/s State of Assam. In this judgment, delivered on August 16, 2017, the Supreme Court clarified the applicability of Section 167(2)(a)(ii) of the CrPC. The Apex Court held that in cases where the minimum sentence is less than 10 years but the maximum sentence is not death or life imprisonment, the accused becomes entitled to ‘default’ bail after 60 days if the chargesheet is not filed.

Special Judge Tarare observed that the offenses charged against Shri Jain are punishable with imprisonment up to 10 years, but the minimum term of imprisonment is less than 10 years. Given that 60 days had passed since the accused’s arrest and the sessions department confirmed that the chargesheet had not been filed by the prosecution until October 4, 2017, the court concluded that Shri Jain was entitled to the grant of bail under Section 167(2) of the CrPC.

Consequently, the court deemed it proper to release the applicant/accused on bail, subject to certain conditions.

The order issued by the Special Judge (CBI) Shri P. S. Tarare is as follows:

1. Bail Application No. 608 of 2017 is allowed.
2. The applicant/accused, Shri Rajesh Manikchand Jain, shall be released on bail upon executing a Personal Bond (PB) and a Surety Bond (SB) of ₹2,00,000/- (Rupees Two Lakhs Only) with one or two solvent sureties of the like amount, subject to the following conditions: a) He shall attend the CBI office as and when required by the Investigating Officer (IO) for the purpose of investigation. b) He shall not leave India without the prior permission of the Court. c) He shall not tamper with the prosecution witnesses in any manner.
3. The Investigating Officer shall be informed accordingly.
4. Bail Application No. 608 of 2017 stands disposed of accordingly.

The order, dictated on October 4, 2017, was typed on October 6, 2017, and signed and uploaded on the same day.

This order underscores the importance of timely filing of chargesheets by investigating agencies and upholds the right of an accused to seek default bail when this timeline is not adhered to, as enshrined in Section 167(2) of the CrPC and reiterated by the Supreme Court. The release of Shri Jain on bail will be contingent upon his fulfilling the stipulated conditions, and he remains subject to further investigation and potential trial in the case.