A Panchkula court has granted default bail to Rajesh Sangwan, the former chief controller of finance of the Haryana State Agricultural Marketing Board (HSAMB), in an alleged Rs 593-crore fraud case involving illegal deposits of government funds with IDFC First Bank and AU Small Finance Bank.
Court Ruling on Statutory Period
The court ruled that the Central Bureau of Investigation (CBI) failed to file its chargesheet within the legally prescribed statutory period. Sangwan's counsel argued that over 90 days had elapsed since his first remand without a chargesheet being filed. Investigating officer ASP Pushpal Paul opposed the plea via video conferencing, requesting more time to complete the probe.
Background of the Case
According to court records, the Haryana Anti-Corruption Bureau (ACB) initially arrested Sangwan on March 14, holding him in custody from March 15 to 19. When the CBI took over the case in April, the agency detained him from April 27 to 30. The defence contended that the statutory period under section 167(2) of the Code of Criminal Procedure (CrPC), corresponding to Section 187 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), had expired. The prosecution did not dispute Sangwan's remand dates or his continuous custody since arrest.
CBI's Final Report
The CBI informed the court that it filed a final report against 13 accused persons and two firms on May 21, and a supplementary report against three others on June 12. In its 11-page order, the court held that Sangwan's custody remained continuous and uninterrupted despite the transfer of the investigation from the ACB to the CBI.
Key Observation by the Court The court stated: "The transfer of investigation from one agency to another does not result in the commencement of a fresh statutory period... a subsequent police custody remand obtained by the successor investigating agency cannot have the effect of restarting the statutory clock." Consequently, it allowed the application and ordered Sangwan's immediate release on default bail.
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