NEW DELHI: BRS leader K Kavitha on Monday submitted a default bail application before the Rouse Avenue Court contending that the Central Bureau of Investigation (CBI) failed to file a complete chargesheet within the mandated 60-day investigation period in the Delhi excise policy-linked corruption case.
Special Judge Kaveri Baweja has directed the central agency to file its response to the plea, which asserts that Kavitha is entitled to ‘default bail’ due to the CBI’s submission of an “incomplete chargesheet” within the allotted time frame.
The trial court has also reserved its decision regarding the acceptance of the third chargesheet filed by the CBI in the case.
While Kavitha’s bail plea is scheduled for further hearing on July 12, the court said it will announce its decision on the chargesheet’s cognizance on July 15.
In her application, Kavitha stated that the trial court while considering the chargesheet on July 6 for the purpose of cognizance specifically noted that the chargesheet is defective. “Further specific directions were given to the Investigating Officer to complete the chargesheet. Hence, it is established that the chargesheet date 06.06.24 is incomplete thereby vesting the applicant with an indefeasible right of default bail under Section 167(2) CrPC,” read the application.
Further, the petition claimed that the third supplementary chargesheet was filed with the sole purpose of scuttling and preventing the release of the applicant (Kavitha) on default bail, and “also to circuitously violating the mandate of Section 309(2) of the CrPC. “Such inchoate and incomplete investigations aimed at violating the applicant’s right of release on default bail cannot be countenanced in law,” it stated.
It also said, the CBI accuses Kavitha of offences punishable with a maximum sentence of seven years. “Thus, the maximum period of custody during pendency of the investigation is 60 days,” the plea argued.