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TMI Blog2024 (3) TMI 358X X X X Extracts X X X X X X X X Extracts X X X X ..... t opinion from FSL. Preparation of the FSL report is not in the control of investigating agency, though it can take steps for expediting the process - it is the categorical stand of the respondent that investigation against the present petitioner is complete. Mere issuance of summons to another person or seeking leave of the Court to file additional evidence, without there being any other sufficient material to challenge, the petitioner cannot be held to be entitled to a default bail. There are no merit in the petition and the same is accordingly dismissed. - HON'BLE MR. JUSTICE MANOJ KUMAR OHRI For the Petitioner Through: Mr. R.K. Handoo and Mr. Yoginder Handoo, Mr. T.A. Mir, Ms. Dipti Singh, Mr. M. Singh, Mr. Akshay and Mr. Haresh Gaur., Advocates. For the Respondents Through: Mr. Zoheb Hossain, Special Counsel for ED with Mr. Vivek G., Advocate. JUDGMENT 1. By way of present petition filed under Section 482 and 167(2)(a)(ii) Cr.P.C. read with Section 65 of the Prevention of Money Laundering Act, 2002 ( PMLA ), the petitioner seeks setting aside of the order dated 14.10.2023 passed by learned ASJ-05, Patiala House Courts, New Delhi, vide which his application seeking defaul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rucial aspects is pending, the same would not invalidate the complaint already filed against the petitioner. In support of its contention, reliance is placed on the decision in Dinesh Dalmia v. CBI (2007) 8 SCC 770, Vipul Shital Prasad Agarwal v. State of Gujarat Anr. (2013) 1 SCC 197, Abdul Azeez P.V. v. National Investigation Agency (2014) 16 SCC 543 and Central Bureau of Investigation v. Kapil Wadhawan Anr. 2024 SCC OnLine SC 66. 7. The right to default bail has been recognised as a statutory right. This right accrues in favour of an accused, if the chargesheet or complaint as the case may be, is not filed within the stipulated period. The Courts have also in no uncertain terms held that filing of an incomplete chargesheet/complaint would not come in the way of this indefeasible right of the accused. 8. In the present case indisputably, the respondent had filed its complaint within the period of 60 days. The application for default bail came to be filed approximately 30 days after filing of the complaint. 9. A perusal of the material placed on record reveals that the case relates to default in delivery of flats by Supertech, of which petitioner is the promoter director. The alle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on by the petitioner. 10. Insofar as the role of the present petitioner is concerned, it is alleged that he was the main decision-maker in Supertech at the material time i.e., when the offence was committed. The home buyers approached Supreme Court, whereafter they were allowed to approach NCLT in the capacity of financial creditors. It is alleged that after commencement of the proceedings before the NCLT, the petitioner transferred prime rent earning properties of Supertech worth Rs. 40 crores to his family trust under the guise of fake and back-dated loan agreements. The bank accounts of the group companies were analyzed, which revealed that the funds received therein were initiated from different accounts of Supertech wherein the funds received from the home buyers were deposited. On strength of above investigation, it is alleged that the petitioner is guilty of offence punishable under Section 3 of PMLA. 11. The respondent has filed its reply to the present petition, whereby it has been stated that investigation against the petitioner is complete and the same is evidenced by the criminal complaint dated 24.08.2023, and that only further investigation in terms of Explanation (ii ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ermissible even if order of cognizance of offence has been taken by the Magistrate. xxx 38. It is a well-settled principle of interpretation of statute that it is to be read in its entirety. Construction of a statute should be made in a manner so as to give effect to all the provisions thereof. Remand of an accused is contemplated by the Parliament at two stages; pre-cognizance and post cognizance. Even in the same case depending upon the nature of charge sheet filed by the investigating officer in terms of Section 173 of the Code, a cognizance may be taken as against the person against whom an offence is said to have been made out and against whom no such offence has been made out even when investigation is pending. So long a charge sheet is not filed within the meaning of Sub-section (2) of Section 173 of the Code, investigation remains pending. It, however, does not preclude an investigating officer, as noticed herein before, to carry on further investigation despite filing of a police report, in terms of Subsection (8) of Section 173 of the Code. 39. The statutory scheme does not lead to a conclusion in regard to an investigation leading to filing of final form under Subsection ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t once the charge-sheet was filed, such right came to an end and the accused would be entitled to pray for regular bail on merits. xxx 14. Recently, in Kapil Wadhawan (Supra), the Supreme Court was again seized with the issue whether an accused is entitled to default bail if investigation is pending against the other accused or if the charge-sheet is not accompanied by all the documents. The Supreme Court held as under:- xxx 22. In view of the above settled legal position, there remains no shadow of doubt that the statutory requirement of the report under Section 173 (2) would be complied with if the various details prescribed therein are included in the report. The report under Section 173 is an intimation to the court that upon investigation into the cognizable offence, the investigating officer has been able to procure sufficient evidence for the court to inquire into the offence and the necessary information is being sent to the court. The report is complete if it is accompanied with all the documents and statements of witnesses as required by Section 175(5). As settled in the afore-stated case, it is not necessary that all the details of the offence must be stated. 23. The ben ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... L report is not in the control of investigating agency, though it can take steps for expediting the process. As already noted above, it is the categorical stand of the respondent that investigation against the present petitioner is complete. Mere issuance of summons to another person or seeking leave of the Court to file additional evidence, without there being any other sufficient material to challenge, the petitioner cannot be held to be entitled to a default bail. 16. To the same extent is the decision of Supreme Court in Judgebir Singh @ Jasbir Singh @ Jasbir Ors. v. National Investigation Agency 2023 SCC OnLine SC 543 and the decision of the Division Bench of this Court in Syed Maqbool v. N.I.A. 2014 SCC OnLine Del 3966. 17. The conclusion reached by this Court is further fortified by the decision of Co-ordinate Benches of this Court in Suraj v. State of Delhi NCT 2022 SCC OnLine Del 3501, Sanjay Kumar Pundeer v. State of NCT of Delhi 2023 SCC OnLine Del 5696 and Rahmat Gul Shinwari v. State (NCT of Delhi) Order dated 11.05.2023 passed in BAIL APPLN. 189/2022. 18. Consequently, I find no merit in the petition and the same is accordingly dismissed. Pending application is dispos ..... X X X X Extracts X X X X X X X X Extracts X X X X
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