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2013 Supreme(Bom) 1978

ABHAY M.THIPSAY
Wajid Abdul Wahid Shaikh – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Applicant:Ms. Naima Shaikh i/b Mr. Khan Abdul Waheb, Advocates.
For the Respondent: Smt. R.M. Gadhvi, APP, Ravindra Khandagale, A.C.P., Investigating Officer.

JUDGMENT

1. The applicant, who is an accused in C.R. No. 60/2013 registered at R.A. Kidwai Marg Police Station, Mumbai, by this application, prays for bail. According to the applicant, the investigation was not completed within the period prescribed by clause (a) of the first proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure (hereinafter referred to as “the Code”), but that, he was still not released on bail, thereby defeating the right to be released on bail, that had accrued to him. The applicant, therefore, is seeking bail only on the ground that effect should be given to the right that had accrued in his favour of being released on bail.

2. Since this is the only contention and since no arguments on the merits of the allegations levelled against the applicant and the case against him have been advanced, it is not necessary to refer to the facts of the case. What, however, needs to be observed is that the provisions of the Maharashtra Control of Organised Crime Act, 1999 (M.C.O.C. Act) have been applied to the case against the applicant.

3. The details of the relevant happenings, and more particularly, the dates thereof are as follows:-

(i) The applicant













































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