DHEERAJ WADHAWAN Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Both these applications are decided by this common order because they arise out of the same subject matter and also because the common order dated 24.8.2020 passed by the Additional Chief Metropolitan Magistrate, 19th Court, Esplanade, Mumbai in-charge 3rd Court, Esplanade, Mumbai, is challenged in both these applications. The main prayers in these applications are for directions to release the Applicants on bail in connection with F.I.R. R.C. No.219/2020/E0004 dated 7.3.2020 registered with the Respondent No.1. The second prayer is for quashing of the common order dated 24.8.2020. For the sake of convenience, both the Applicants are referred to by their names in the following discussion.

(2.) The Applicants are seeking directions for their release on bail in connection with F.I.R. R.C. No.219/2020/E0004 dated 7.3.2020 registered with Central Bureau of Investigation, EO-I, Delhi. The Applications are not on merits of the matter, but, on the ground that the report under Section 173 of the Code of Criminal Procedure, 1973 (for short, ' Cr.P.C .') was not filed within the time stipulated under Section 167 of Cr.P.C.. According to the Applicants, that gave rise to their indefeasible rights and, therefore, they are entitled to be released on bail.

(3.) Applicant Kapil had preferred Bail Application CBI No.844/2020 and the Applicant Dheeraj had preferred Bail Application CBI No.845/2020 before the learned Special Judge for bail on similar ground. Both these Applications were rejected by a common order dated 31.7.2020. However, those Bail Applications are subject matters of separate Applications i.e. LD/VC/BA No.522 & 523/2020, which were also argued along with present Applications.