However, Special Judge (PC Act) Vishal Gogne of the Rouse Avenue Court held that the two accused have also been charged with Section 409 (Criminal breach of trust by public servant, or by banker, merchant or agent) of the Indian Penal Code (IPC) which brings the period of completion of investigation within the purview of Section 167(2)(a)(i) CrPC which provides for 90 days.
“The filing of the present chargesheet in the present investigation shall be governed by Section 167(2)(a)(i) CrPC which provides for a maximum period of 90 days. Since the period of 90 days has not yet expired in the present investigation, which also relates to Section 409 IPC, applicants Kapil Wadhawan and Dheeraj Wadhawan are not entitled to statutory bail under Section 167(2) CrPC,” the Court said.
Source: Barandbench
