KASHINATH PANDURANG Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this application, the applicants who have been arraigned as accused in connection with First Information Report (FIR) No. 28 of 2023 registered with Economic Offences Wing (EOW), Unit VI, Crime Branch, Mumbai for alleged offences punishable under Ss. 406, 409, 420 read with 120-B of Indian Penal Code (IPC) claims an indefeasible right accrued in favour of the applicants under Sec. 167(2) of the Code of Criminal Procedure (hereafter "Cr.P.C.", for short) for default bail.

(2.) The complainant lodged FIR No. 28 of 2023 dtd. 05/07/2023 alleging as under:

(3.) According to Shri Jha, learned counsel for the applicants, the maximum period to file the charge-sheet would be 60 days. Despite the applicants being charged under Sec. 409 of IPC, the charge-sheet still would be required to be filed under Sec. 167(2)(a)(ii) of Cr.P.C. within 60 days as a minimum sentence of 10 years as provided under Sec. 167(2)(a)(i) is not applicable to Sec. 409 of IPC, as it is a discretion of a Court of Magistrate to impose the punishment. It is submitted that the Court of Magistrate in view of Sec. 29(1) of Cr.P.C., even if the case is tried before the Chief Judicial Magistrate and/or Chief Metropolitan Magistrate does not have the power to impose sentence of more than 7 years. It is submitted that the applicants are being prosecuted in a case which is triable by the Court of Magistrate.