IMPORTANT POINT
Right of statutory bail accrues to the accused only after prayer for extension of period is formally and expressly rejected by the Court.

JUDGMENT

A.M. Khanwilkar, J.

1. These appeals, by special leave, question the legality and tenability of the judgment and order passed by the learned Single Judge of the High Court of Delhi at New Delhi dated 22nd May, 2017 in Criminal Appeal No.311/2017 and Criminal M. (Bail) No.525/2017.

2. Briefly stated, the appellant has been named as an accused in FIR No.10 of 2015 registered at the Police Station (Special Cell), Delhi, for offence punishable under Sections 3 & 4 of the Maharashtra Control of Organized Crime Act, 1999 (hereinafter referred to as the “MCOCA”). He has also been named as an accused in FIR No.65/2016 for offence punishable under Sections 26 & 27 of the Arms Act, registered at the same police station. He was declared as a proclaimed offender in connection with the said case and was later arrested on 27th November, 2016.

3. The appellant came to be arrested in connection with the present FIR on 1st December, 2016. Before the expiry of 90 days period, the Additional Public Prosecutor on 28th February, 2017 moved an application for extension of time to file charge­sheet up to 15th March, 2017. The said application reads thus:

“ANNEXURE P­3

IN THE COURT OF SHRI RAKESH PANDIT, LD.ASJ, MCOCA #

25, PATIALA HOUSE COURTS, NEW DELHI.

FIR No. 10/2015 dated 23.02.2015 U/s 3/4 MCOC Act PS Special Cell, Lodhi Colony, Delhi.

Subject : Regarding extension of limitation period upto 15.03.2017

 Hon’ble Sir,

It is submitted that I have perused the report of the Investigating Officer of this case. The allegations against above Accused Rambeer Shokeen in present case are that he along with other syndicate members was running an organized crime syndicate in Delhi & other states by committing a series of sensational crimes including gruesome and inimical murder, extortion by putting by some businessmen in fear with criminal intimidation, obstruction of Govt. servants to deter them from discharge of official duties and offences under the arms act etc.

The above accused Rambeer Shokeen was continuously evading his arrest and didn’t join investigation. On 20.04.2015, non­bailable warrant against him was issued but couldn’t be executed, as not available at his possible hideouts and later on after further proceedings, he was declared P.O. on 26.08.2015 by this Hon’ble Court. On 27.11.2016, he was arrested in case FIR No.65/2016 U/s 25/27 Arms Act of P.S. Special Cell, Delhi and later on 01.12.2016, arrested in this case.

During investigation, several evidences including followings have been collected against above accused Rambeer Shokeen:

1. Income Tax Return report (ITR) dated 10.02.2017 from year 2006­2016, which reflects that he has not filed ITR during this period, while he has incurred huge expenses during Delhi Legislative Elections of year 2013 & 2015 apart from other expenses.

2. Reports regarding property details from the offence of Sub­Registrar West, SDM­Nangloi etc.

3. FORM 26 submitted by him before Election Officer showing details of moveable & immovable properties etc.

THE INVESTIGATION OF THE CASE IS TO BE CONDUCTED ON FOLLOWING GROUNDS

1. As per FORM 26 submitted by the Accused before Election Commission to contest Delhi Legislative Assembly Election for Assembly Constituency­08 in year 2013, he has shown immoveable and moveable assets of himself & his wife worth Rs. 1.85 (approx.), while he and his wife Mrs. Reeta Shokeen are not found filing income tax returns during year 2006­2016, so the investigation on this point is necessarily required.

2. To make further interrogation from accused to verify the source of huge amount of money in respect of the assets as mentione