Release of accused on bail when there is reinvestigation or fresh investigation

Vipul Shital Prasad Agarwal v. State of Gujarat, (2013) 1 SCC 197
 Criminal Law 
 Criminal Procedure Code, 1973 
 S. 167(2) proviso (a) and S. 173(8) - Failure to file charge-sheet within prescribed period - Entitlement to bail on ground
of - Second investigation - Effect of - Effect of direction for further investigation contrasted with situation where
reinvestigation or fresh investigation is directed - Further investigation/transfer of investigation directed after submission
of charge-sheet (first charge-sheet) based on initial investigation found to be unsatisfactory - Effect of such direction for
further investigation/transfer of investigation on first charge-sheet, held (per curiam), did not amount to quashment,
rejection or abandonment of first charge-sheet, thus resulting in situation where no charge-sheet is filed, attracting

provisions of S. 167(2) proviso (a) - Investigation conducted by State Police - Refused to be accepted by Supreme Court -
 Investigation undertaken by CBI, on direction of Supreme Court, after registering a ``fresh FIR'' in the case - Failure of
CBI to file charge-sheet within 90 days - Accused seeking bail on ground of - Held (per curiam), prayer for default bail
was made in connection with initial FIR lodged by State Police, in which charge-sheet had been filed within stipulated
period of 90 days - Hence, argument with regard to default bail in connection with subsequent FIR lodged by CBI, not
available to petitioner-accused and, consequently, rejected - Further held, further investigation does not render report
already submitted under S. 173(2) as abandoned or rejected - Only if second investigation is treated to be a fresh
investigation and petitioner had been arrested in connection therewith, would S. 167(2) proviso (a) be relevant, (2013) 1
SCC 197-A 
 Criminal Law 
 Criminal Procedure Code, 1973 
 Ss. 173(8) and 156(3) - Further investigation and fresh investigation, and their consequences - Contrasted -
Determination of whether direction for second investigation is one for further investigation or fresh or reinvestigation, 
(2013) 1 SCC 197-B 
 Criminal Law 
 Criminal Procedure Code, 1973 
 Ss. 439, 437 and 167(2) proviso (a) - Bail - Right to, on delay in concluding trial - Delay caused not by prosecuting
authorities, but by co-accused - Advantage thereof, held, cannot accrue to petitioner-accused seeking bail, (2013) 1
SCC 197-C 

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