VidhiSangh

Supreme Court of India · 01/05/2023

JUDGEBIR SINGH @ JASBIR SINGH SAMRA @ JASBIR & ORS. versus NATIONAL INVESTIGATION AGENCY

[2023] 6 S.C.R. 1 · 2023 INSC 472

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Summary

The Court refused default bail where investigation was completed and the chargesheet filed within the applicable period, although prosecution sanction and cognizance followed later. Obtaining sanction is distinct from investigation. Erroneous initial presentation before the Magistrate did not create a default-bail entitlement on the facts, since the case had reached the Special Court before the bail application.

Issues

  1. Whether a timely chargesheet without prosecution sanction is incomplete for default bail.
  2. Whether cognizance must occur within the investigation period.
  3. Whether initial filing before a Magistrate instead of the Special Court entitled the accused to default bail.

Provisions considered

Held

Result

Both appeals dismissed; refusal of statutory/default bail upheld. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2023] 6 S.C.R. 1.