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2020 Supreme(Bom) 738

BHARATI DANGRE
Kapil Wadhawan – Appellant
Versus
Directorate Of Enforcement, Government Of India – Respondent


Advocates Appeared:
Amit Desai, Advocate, Subodh Desai, Advocate, Gopalkrishna Shenoy, Advocate, Ashwin Thool, Advocate, Rohan Dakshini, Advocate, Rashmikant & Partners, Advocate, Anil Singh, Advocate, H.S. Venegaonkar, Advocate, Prajakta P Shinde, Advocate

Table of Content
1. basic facts and procedural history of the case. (Para 1 , 2)
2. arguments regarding computation of remand period. (Para 3 , 4 , 5)
3. counterarguments and importance of legislative context. (Para 6 , 7 , 8)
4. legal procedures and rights under section 167 of cr.p.c. (Para 9 , 10 , 11 , 12 , 13)
5. importance of timely completion of investigations for the rights of the accused. (Para 14 , 15 , 16 , 17 , 18)
6. analysis of case law and judicial precedent. (Para 19 , 20 , 21)
7. clarification of misinterpretations of legal precedents. (Para 22 , 23 , 24)
8. legislative intent and rights regarding bail when investigation is delayed. (Para 25 , 26 , 27)
9. final ruling regarding entitlement to bail. (Para 28 , 29)

JUDGMENT

Bharati Dangre, J. - LDVC Bail Application No.400/2020 is filed by Kapil Wadhawan and LDVC Bail Application No.401/2020 is filed by Dheeraj Wadhawan. Since both the applicants are arraigned as accused in the same ECIR registered by Directorate of Enforcement, and since both the applications seek mandatory default bail with the aid of 167(2)(a)(ii) of Cr.P.C, both the applications were argued together and decided by this common order.

2. The applicants came to

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