PRITINKER DIWAKER,J. - (1.) When the instant matter is being taken up, Sri Zain Abbas, learned counsel for the petitioner submits that the case is to be argued by Sri Vikram Chaudhary, learned Senior Counsel from Delhi through Video Conferencing. A third supplementary affidavit has been filed by the petitioner, annexing a letter by Ms Diksha Rai, Advocate-on-Record, Supreme Court of India dated 8.7.2020 (Annexure No.TSA-1) in connection with Writ Petition (Crl.) No.143/2020: Yadav Singh Vs. Central Bureau of Investigation and SLP (Crl) No.2965/2020: Yadav Singh Vs. Central Bureau of Investigation filed by the petitioner and submitted that the Supreme Court has requested this Court to decide the present writ petition today itself. Counsel for the CBI has also confirmed this fact that a direction has been issued by the Supreme Court for deciding the present writ petition today itself. Accordingly, we have heard learned counsel for the respective parties. Third Supplementary Affidavit is taken on record.
(2.) Petitioner is an accused vide FIR No.RC/DST/2018/A/0004 dated 17.1.2018 for the offences under Sections 120-B of IPC and Sections 13 (2) r/w 13 (1) (b) and 13 (1) (d) of the Prevention of Corruption Act , 1988, Police Station STF, District New Delhi. He was taken into custody on 10.2.2020 and was produced before the Special CBI Court on 11.2.2020 for remand. CBI Court was pleased to remand him to CBI custody, vide order dated 11.2.2020. However, charge-sheet could not be filed within the stipulated period of 60 days.
(3.) As there was complete lock down due to COVID-19 pandemic, on 12.4.2020, the petitioner filed an application for default bail through e-mail before the District Judge, Ghaziabad under Section 167 (2) of Code of Criminal Procedure (Cr PC). As appears from the documents available on record, the District Judge, Ghaziabad forwarded the said application to the Special CBI Court, Ghaziabad on 16.4.2020 and in turn, on 17.4.2020, the Special CBI Court had gone to the District Jail, Ghaziabad for considering the application filed by the petitioner under Section 167 (2) of Cr PC.;