Further Investigation U/S 173(8) CrPC Not Ground To Seek Default Bail If Charge Sheet Filed Is Sufficient To Take Cognizance

Case: Peerzada Rafiq Maqdoomi Vs. Union Territory of J&K

Coram: Justices Ali Mohammed Magrey & M A Chaudhary

Case No.: CrlA(D) No. 17/2022

Court Observation: “In our considered opinion, if further action of cognizance and consideration of charge / discharge can be taken on the basis of the charge sheet laid, without waiting for further investigation and supplementary charge sheet, when such a charge sheet is laid within prescribed period, plea of statutory /default / compulsive bail is untenable,”

“In view of this development that there was sufficient material on record to summon the accused by taking cognizance and further framing of charge for trial against the accused including the appellant it cannot be said that the charge sheet was incomplete,”

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