Bail granted under Section 167(2) of CrPC to Rajeev Kumar Rana canceled due to procedural errors, court calls for re-evaluation under Section 439(2) of CrPC
In a significant legal development, the Rajasthan High Court, Jaipur Bench, has canceled the default bail previously granted to Rajeev Kumar Rana, a key accused in a high-profile financial fraud case involving the Adarsh Credit Cooperative Society. The bail, initially granted under Section 167(2) of the Criminal Procedure Code (CrPC), has been revoked following a detailed legal examination by Justice Ashok Kumar Jain, citing improper application of the law by the trial court.
The case, which has been under intense scrutiny due to the financial implications involving a loan distribution of Rs. 9238 Crores to 125 shell companies, saw Rajeev Kumar Rana being arrested on April 13, 2022. The trial court had granted him bail on November 23, 2022, treating the charge sheet filed on July 8, 2022, as incomplete.
The High Court's decision came after the State of Rajasthan challenged the trial court's order, arguing that the charge sheet, though incomplete, did not justify the granting of default bail. The court emphasized that the trial court had committed a serious error by not thoroughly adjudicating whether the documents submitted were sufficient to proceed with the case.
Justice Jain underscored that the trial court's failure to apply its mind to the sufficiency of the charge sheet documents resulted in an erroneous application of Section 167(2) of CrPC. The High Court also noted that while the respondent accused had been granted bail by the Supreme Court in a related case, the circumstances were different, and the provisions for default bail could not be conflated with those for regular bail.
The High Court directed Rajeev Kumar Rana to surrender within four weeks and allowed him the liberty to apply for regular bail under the Bharatiya Nagarik Suraksha Sanhita (BNSS). The trial court has been instructed to take the accused into custody, emphasizing the importance of following procedural correctness and safeguarding public interest in financial fraud cases.
Bottom line:-
Default bail granted under Section 167(2) of CrPC can be canceled under Section 439(2) of CrPC if it is found to be granted erroneously or illegally. Filing of an incomplete charge sheet does not automatically entitle the accused to default bail, and courts must adjudicate whether the documents submitted by the investigating agency are sufficient to proceed.
Statutory provision(s): Section 167(2) CrPC, Section 439(2) CrPC, Section 173 CrPC, Section 65 of IT Act, 2000, Sections 420, 409, 406, 467, 468, 471, 477A, 120B, 201 of IPC, Section 5 of the Prize Chits and Money Circulation Scheme (Banning) Act, 1978, Section 479 of BNSS.
State of Rajasthan v. Rajeev Kumar Rana, (Rajasthan)(Jaipur Bench) : Law Finder Doc id # 2909813
