Case Note & Summary
The applicants, Kashinath Pandurang Jadhav, Parth Kashinath Jadhav, and Vikas Kishan Gaikwad, were arrested on 5 July 2023 in connection with FIR No. 28 of 2023 registered with the Economic Offences Wing (EOW), Mumbai, for alleged offences under Sections 406, 409, 420 read with 120-B of the Indian Penal Code. The complainant, M/s. K.G. Invest Company based in Kyrgyzstan, alleged that the applicants' company, M/s. Royal Agro Mart Pvt. Ltd., failed to supply sugar after receiving USD 30,00,000, returning only USD 10,00,000. The applicants were produced before the Metropolitan Magistrate on 6 July 2023 and remanded to custody. They filed bail applications under Section 167(2) of the Code of Criminal Procedure, 1973, claiming an indefeasible right to default bail as the charge-sheet was not filed within 60 days from the date of first remand. The State opposed, arguing that the 60-day period should be computed from the date of arrest (5 July 2023) and that the charge-sheet filed on 5 September 2023 was within time. The Court analyzed the computation of the 60-day period under Section 167(2) Cr.P.C., noting that the period begins from the date of first remand, not arrest. Since the applicants were first remanded on 6 July 2023, the 60-day period expired on 4 September 2023. The charge-sheet was filed on 5 September 2023, one day late. The Court held that the applicants had an indefeasible right to default bail, which could not be defeated by the subsequent filing of the charge-sheet. The Court granted bail to all applicants on certain conditions, including furnishing a personal bond of Rs. 50,000 each with one or two sureties, and directed them to attend the investigating officer as required and not tamper with evidence.
Headnote
A) Criminal Procedure - Default Bail - Section 167(2) Cr.P.C. - Indefeasible Right - The applicants, arrested for offences under Sections 406, 409, 420 read with 120-B IPC, claimed default bail as charge-sheet was not filed within 60 days from the date of first remand. The Court held that the right to default bail accrued on expiry of 60 days from 06/07/2023 (first remand date) and since charge-sheet was filed on 05/09/2023 (after 61 days), the applicants had an indefeasible right to bail. (Paras 1-10) B) Criminal Procedure - Computation of Period - Section 167(2) Cr.P.C. - Date of Remand - The period of 60 days under Section 167(2) Cr.P.C. is computed from the date of first remand, not from the date of arrest. The applicants were arrested on 05/07/2023 and first remanded on 06/07/2023; thus, the 60-day period ended on 04/09/2023. Charge-sheet filed on 05/09/2023 was beyond the period, entitling applicants to default bail. (Paras 5-8)
Issue of Consideration
Whether the applicants are entitled to default bail under Section 167(2) of the Code of Criminal Procedure, 1973, as the investigation was not completed within 60 days from the date of their first remand.
Final Decision
The Court allowed both bail applications. The applicants were directed to be released on bail on furnishing a personal bond of Rs. 50,000 each with one or two sureties. They were ordered to attend the investigating officer as and when required and not to tamper with evidence or influence witnesses.
Law Points
- Default bail under Section 167(2) Cr.P.C.
- Indefeasible right upon expiry of statutory period
- Computation of 60-day period from date of remand
- Economic Offences Wing investigation
- Sections 406
- 409
- 420
- 120-B IPC
