Bhullar gets default bail in assets case
Chandigarh, Jan. 6 -- The CBI Court on Monday allowed the default bail plea of suspended Punjab Police DIG HS Bhullar in a disproportionate assets case registered against him. However, he will continue to remain in judicial custody as the court had earlier dismissed his plea for regular bail in the main corruption case on January 2 this year.
Default bail, also known as statutory or compulsory bail, is an accused person's fundamental right to be released from custody if the investigating agency fails to complete the probe and file a chargesheet within a legally mandated time limit (usually 60 or 90 days).
While allowing the default bail plea, CBI special judge Bhawna Jain stated that the contention of the CBI that the complex transactions are there in the case and the compilation of the challan is taking time cannot be accepted as a valid ground to decline the application for default bail.
"The maximum punishment which can be inflicted upon the accused under section 13 (2) of the Prevention of Corruption Act is extendable up to 10 years and not 10 years or more. As such the investigating agency was required to file the final report/charge sheet within 60 days as also held by the Kerala High Court," said the CBI court.
The DA case is an offshoot of the bribery case in which Bhullar and his alleged aid Kirshanu Sharda were arrested on October 16.
As per the case, the accused were seeking Rs.8 lakh bribe from a scrap dealer from Mandi Gobindgarh, to settle an old FIR.
While the CBI has already filed a chargesheet in the corruption case, it is yet to do so in the DA case, which was registered on October 29 after Rs.7 crore cash and gold and silver jewellery worth over Rs.2 crore were recovered from his residence during searches.
The DIG's counsel, SPS Bhullar, argued that 60 days had elapsed since the registration of the FIR but the CBI had failed to file the chargesheet and is thus entitled for default bail in DA case....
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