Incomplete investigation helps tainted CBI officer get bail

After a city court rejected his bail application thrice,a former CBI officer facing bribery charges had almost given up.

Written by Express News Service | New Delhi | Published:January 20, 2009 12:38 am

After a city court rejected his bail application thrice,a former CBI officer facing bribery charges had almost given up. Especially with the investigating officials vehemently opposed to his bail,Shammi Kapoor braced himself to wait behind bars till the trail proceeded. But that was not be. A delay by the investigating agency in filing the chargesheet in the case ensured that Kapoor was granted bail two months after his arrest.

The CBI had arrested Kapoor in November last year after he was caught accepting Rs 25,000 as bribe.

On the first hearing,the court had dismissed his bail application on grounds of merit. On the next two hearings,the court again denied him bail after the CBI counsel opposed Kapoor’s plea as the statements of witnesses had not been recorded.

However,when the CBI failed to file a chargesheet within 60 days of the arrest,Special Judge O P Saini granted him bail despite still finding no merit in his application.

The court observed that the CBI had “failed to complete investigations” within the stipulated period provided in the CrPC,and granted bail to Kapoor on account of “non-completion of the investigation”.

“In view of the failure of the prosecution to complete the investigation within the prescribed period of sixty days,accused is given bail,” the judge said in his order while releasing Kapoor on bail against a surety bond of Rs 50,000.

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