The Gauhati High Court allowed a bail application filed by Goge Sora. The court held that since the investigating agency failed to file a chargesheet within the 90-day statutory period mandated by Section 167(2) Cr.P.C., the accused was entitled to bail as a matter of right.
Accused Gomo Sora released on bail on furnishing a bail bond of Rs. 20,000 with one surety.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC040003252023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)
Case No. : BA 29/2023
1:Goge Sora S/o Shri Tumgo Sora,
Permanent Resident Taba Sora Village, PO/.PS Aalo, West Siang District, Arunachal Pradesh.
VERSUS
1:THE STATE OF AP Represented by Standing Counsel CBI
Advocate for the Petitioner : Jumgam Jini
Advocate for the Respondent : Marto Kato
BEFORE
HONBLE MR. JUSTICE NANI TAGIA
ORDER
Date : 09.03.2023
Heard Mr. J. Jini, learned counsel for the applicant. Also heard Mr. P. Ete, learned counsel appearing on behalf of 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
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Gomo Sora, who was arrested on 02.12.2022 in connection with 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 02.03.2023 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 02.12.2022 has expired on 02.03.2023 has not been disputed by the learned counsel Mr. P. Ete, appearing on behalf of Mr. Kato, learned standing counsel for the CBI.
Since, the learned counsel Mr. Ete, appearing on behalf of Mr. Kato, 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 02.12.2022 and a period of 90 days from the date the accused person was arrested has expired on 02.03.2023 and it being a settled proposition of law that on failure to file a 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.
Accordingly, the accused person namely, Shri Gomo Sora, arrested on 02.12.2022 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, shall
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be released on bail on furnishing a bail bond of Rs.20,000/-(twenty thousand) with one surety of like amount to the satisfaction of the Special Judge (PCA), Yupia.
The bail application is disposed of with above direction.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the accused is entitled to bail as a matter of right upon expiry of the 90-day investigation period under Section 167(2) Cr.P.C. without a chargesheet.
4 provisions across 3 enactments
Goge Sora
The State of Assam Represented by Standing Counsel CBI
Nani Tagia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Nani Tagia
Parties & counsel
