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HIGH COURT OF BOMBAY
M. S. KARNIK, J
KASHINATH PANDURANG JADHAV – Appellant
Versus
THE STATE OF MAHARASHTRA – Respondent
| Table of Content |
|---|
| 1. claim of default bail under section 167(2) of cr.p.c. (Para 1 , 2 , 3) |
| 2. discussion on charge-sheet timelines under ipc. (Para 4 , 5 , 6 , 19) |
| 3. details of the alleged fraudulent sugar export transaction. (Para 11 , 12 , 15 , 18) |
| 4. interpretation of section 409 ipc's relevance. (Para 24 , 26) |
JUDGMENT:
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 Sections 406 , 409, 420 read with 120-B of Indian Penal Code (IPC) claims an indefeasible right accrued in favour of the applicants under Section 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 dated 05/07/2023 alleging as under:
The applicant – Parth Kashinath Jadhav is the Director of M/s. Royal Agro Mart Pvt. Ltd. The complainant - M/s. K.G. Invest Company is based in Kyrgyzstan, placed an order with the applicant’s company for the supply of S-30 sugar in package of 50 Kgs. PP- bags of the crop year 2021-2022 @ USD 520/- per MT
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