Jumkir Ketan v. THE STATE OF AP

1:Jumkir Ketan W/o Shri Tagong Ketan, R/o A Sector, Opposite Shiv Mandir Naharlagun, PO/PS Naharlagun, Papum Pare District, Arunachal Pradesh. Mobile No. 918731083016 VERSUS 1:THE STATE OF AP Represented by Standing Counsel. CBI Advocate for the Petitioner : Binter Picha Advocate for the Respondent : Marto Kato BEFORE HONBLE MR. JUSTICE NANI TAGIA ORDER Date : 07.03.2023 Heard Mr. J. Jini, learned counsel for the applicant. Also heard Mr. M. Kato, learned standing counsel for the CBI. This is an application, under Section 439 Cr.P.C., read with Section 167(2) of Cr.P.C., for grant of bail to the accused person namely, Shri Page No.# 2/3 Golly Ketan, who was arrested on 04.12.2022 and remanded to custody on

05.12.2022 in connection with CBI Case No. RC0172023A0001, under Section 120B/406/407/409/420 IPC read with Section 7/8/13 (2) of PC Act, 1988, contending that the statutory period of 90 days for completion of the investigation as provided under Section 167(2) of Cr.P.C. has expired on 05.03.2023 and the investigating agency has failed to file Charge-sheet against the accused in connection with the aforesaid CBI case. The contention raised by the petitioner, as above, that the investigating agency has not yet filed Charge-sheet against the accused person in connection with the CBI case mentioned above, despite the period of 90 days from the date the accused person was arrested on 04.12.2022 and remanded on 05.12.2022 has expired on 05.03.2023 has not been disputed by the learned standing counsel for the CBI. He further submits that he has received an instruction from the Superintendent of Police, CBI, ACB, Guwahati, to pray for 7 days time to file reply to the bail application filed by the petitioner. Since, the learned standing counsel for the CBI has admitted that neither the investigation of the case has been completed nor Charge-sheet has been filed in the instant case, despite the accused was arrested on 04.12.2022 and a period of 90 days from the date the accused person was arrested has expired on 05.03.2023 and it being a settled proposition of law that on failure to file the Charge-sheet within the period stipulated under Section 167 (2) of the Cr.P.C., by the investigating agency, the accused person is entitled to be enlarged on bail as a matter of right, this bail application is allowed. Page No.# 3/3 Accordingly, the accused person namely, Shri Golly Ketan, arrested on