The Chandigarh Sessions Court has granted default bail to businessman Vikram Wadhwa, who was arrested in connection with an FIR related to the IDFC First Bank scam involving over Rs 153 crore of Chandigarh Smart City funds. Wadhwa sought default bail under Section 187(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
Background of the Case
Wadhwa was arrested on March 14 and remanded to custody the same day. He has been in continuous custody since then without any interim bail. His counsel, Sumesh Jain, argued that the maximum period prescribed for completion of investigation and filing of the police report in this case is 90 days. Jain contended that this statutory period had expired, and the investigating agency had failed to file a chargesheet within the mandated time.
Legal Arguments
Jain emphasized that the right under Section 187(3) of the BNSS is a valuable statutory right. Once availed by the accused, it cannot be defeated by any subsequent act of the prosecution. He stated that for a default bail application, the merits of allegations, the amount involved, the nature of the accusation, or the stage of investigation are wholly irrelevant. Once the prescribed period expires and the accused files an application expressing readiness to furnish bail bonds, the right cannot be defeated by a subsequent filing of a chargesheet. In this case, the Central Bureau of Investigation (CBI) filed the chargesheet only after the default bail application was submitted.
Court's Decision
The public prosecutor opposed the default bail plea, claiming that the chargesheet had already been presented in court. However, after hearing both sides, the court allowed Wadhwa's default bail application. The decision underscores the importance of statutory timelines in criminal investigations and the right of an accused to seek default bail if the investigation is not completed within the prescribed period.
Implications
This case highlights the legal principle that default bail is a fundamental right that cannot be undermined by delayed filing of chargesheets. The court's ruling reinforces the need for investigative agencies to adhere to statutory deadlines to avoid granting default bail to accused individuals.
