An accused has no right to be heard before taking of cognizance of the complaint /chargesheet, except as provided under Criminal Procedure Code (CrPC), observed the Bombay High Court while dismissing the petition filed by Hari Sankaran, former vice chairman of Infrastructure Leasing and Financial Services (IL&FS) and an accused in the scam, seeking bail stating that the special court has not taken cognisance of the case since two years.
Justice Revati Dere, on Thursday, dismissed Sankaran's petition observing, “Considering the aforesaid legal pronouncements and what is stated here in above, the submissions advanced by the learned senior counsel for the applicant, being devoid of merit, would have to be rejected.”
The Serious Fraud Investigation Office (SFIO) had filed the chargesheet in the case in 2019. Sankaran has sought that the HC set aside all orders passed by the trial court and also release from prison after holding the detention illegal. He has been in custody since April 2019.Sankaran's counsel Aabad Ponda had contended that in the absence of cognisance of the complaint/ chargesheet, the court cannot extend the remand and hence Sankaran's detention/custody was illegal.
The HC observed that it was “disturbing” to note that though the complaint was filed on May 30, 2019, however till date, cognizance of the complaint has not been taken by the learned Special Judge.