(A) Charge-sheet submitted by investigating agency which did not have, or, had lost the jurisdiction to conduct the investigation.
(B) Even if the investigating agency in question, had jurisdiction or retained its jurisdiction, charge-sheet submitted before court which had no jurisdiction in respect of the offence(s) concerned.
Thus, default bail claimed on ground that as charge-sheet was not filed within the stipulated period by investigating agency which had jurisdiction to submit the same, and/or the charge-sheet was not submitted in a proper court entrusted with jurisdiction, the accused had indefeasible right to bail. Held, in the present case, neither ground was made as there was no actual transfer of investigation on that date , hence default bail was rightly denied.
Naser Bin Abu Bakr Yafai v. State of Maharashtra, (2022) 6 SCC 308