The main legal point established is that the application for default bail cannot be considered if an application for extension of time for filing the charge-sheet is filed before the expiry of the stipulated period.

JUDGMENT

1. These applications can be disposed of by common order as they arise out of the same crime.

2. These are the applications under Sec. 439 of the Code of Criminal Procedure for releasing the applicants on bail in connection with Crime No. 228/2021 registered with Topkhana Police Station, Dist. Ahmednagar for the offences punishable under Ss. 395, 386, 452, 427, 323, 504, 506 of the Indian Penal Code, Sec. 142 of Bombay Police Act and under Sec. 3(1)(ii), 3(2), 3(4) of Maharashtra Control of Organised Crimes Act, 1999 (MCOC Act).

3. Facts in brief are that on 20/3/2021, the applicants along with other accused committed criminal trespass in Rubbab, the Perfect Men Shop and Sunil Cycle Mart and committed dacoity. Upon the lodging of the First Information Report, offence as aforesaid came to be registered against the applicants and other accused.

4. It is the further case of prosecution that applicant No. 1 Bandu @ Suraj and application No. 2 Akshay Govind Shirsath in Bail Application No. 1187/2021 were arrested on 20/4/2021 and 23/4/2021 respectively. On 30/4/2021, they came to be remanded to the Magisterial Custody. Applicant Aniket Viju Kuchekar in Bail Application No. 1182/2021 was arrested on 23/4/2021 and was remanded to Magisterial Custody on 30/4/2021.

5. On 12/7/2021, the Investigating Offcer in the present crime intimated the Court about invocation of provisions of MCOC Act. The period of 90 days in case of applicant No. 1 in Bail Application No. 1187/2021 was to expire on 20/7/2021. On 13/7/2021, the Investigating Offcer moved an application before the Special Court for extension of time for fling of the charge-sheet. On 14/7/2021, Public Prosecutor fled a report justifying the grounds for extension of period for fling of the charge-sheet. On 22/7/2021, applicants in Bail Application No. 1187/2021 fled application for default bail as charge-sheet was not fled and time was not extended for fling of the charge-sheet. The learned Special Judge, decided both the applications on 27/7/2021. The learned Special Court extended the time for fling of the charge-sheet and rejected the application for default bail. So far as applicant in Bail Application No. 1182/2021 is concerned, he fled application for default bail on 5/8/2021 which came to be rejected by the learned Special Judge vide order dtd. 26/8/2021.

6. I have heard Shri Jadhav, learned counsel for the applicants and Shri Kagne, learned APP for the State.

7. Learned counsel Shri Jadhav submitted that the application for extension of time has to be on good grounds. The grounds alleged in the application are not at all suffcient for extension of period for fling of the charge-sheet. Learned Prosecutor has to apply his mind for fling application for extension of period of limitation. Therefore, extension of time itself was illegal. Since charge-sheet was not fled within a period of 90 days from the date of arrest of the applicants, the applicants are entitled to be released on statutory bail. He further submitted that since on the date of fling of the application for statutory bail charge-sheet was not fled, indefeasible right to be released on bail accrued. He placed reliance on the following cases :-

i) Sachin s/o Namdeo Rathod and others vs. The State of Maharashtra 2019 ALL MR (Cri) 801 ii) Shaikh Moin Shaikh Mehmood vs. State of Maharashtra Criminal Appeal No. 502/2020 decided on 24/9/2020. iii) Bikramjit Singh vs. State of Punjab (2020)10 Supreme Court Cases 616.

8. Learned APP Shri Kagne submitted that the application for extension of time was fled before expiry of period of 90 days. After a period of 90 days, application for statutory bail was fled. He further submitted that application for extension of time was under consideration when application for statutory bail was tendered. He submitted that when application for extension of time is under consideration, application for statutory bail cannot be decided. He placed reliance on the case of Rambeer Shokeen