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2023 Supreme(Del) 400

AMIT MAHAJAN
Varun Goyal – Appellant
Versus
State NCT of Delhi – Respondent


Advocates Appeared:
For the Petitioner: Mr. Vikas Pahwa, Sr. Adv. with Mr. Prashant Mehta, Mr. Varun Gupta, Ms. Simran Wason, Mr. Arun, Mr. Shubham, Ms. Soumya & Mr. Angad.
For the Respondents: Ms. Richa Dhawan, APP and Mr. Raghuvinder Varma, APP with Inspector Gulshan Nagpal, Special Branch and Inspector B.K. Pandey, Mr. Daviendamer Hora.

JUDGMENT :

1. The present Petitions are filed under Section 482 of the Code of the Criminal Procedure, 1973 (“Cr.P.C.”), seeking default bail in FIR No. 462/2022, under Sections 304/308/120B/34 of Indian Penal Code, 1860 (“IPC”), registered at Police Station Mundka.

2. FIR No. 462/2022 was registered on 14.05.2022, against the Petitioners and other accused persons and the petitioners were also arrested on the said date.

3. On 16.07.2022, an application was filed by the Petitioners under Section 167(2) of the Cr.P.C., seeking default bail contending that the charge sheet was not filed within a period of sixty days from the detention that is 14.05.2022. The said application was dismissed by the learned Metropolitan Magistrate, by order dated 27.07.2022 and the Revision Petition filed against the said order was also dismissed by the learned Additional Sessions Judge by order dated 08.08.2022, which led to the filing of the present petitions.

4. The applications filed by the petitioners were dismissed on the ground that during the course of investigation, Section 467 of IPC was added and in terms of the report filed by the State, Section 304, Part I of IPC is attracted. Both these sections

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