The right to default bail under Section 167(2) of the Cr.P.C. is absolute and arises when the charge-sheet is not filed within the stipulated time, and this right is not extinguished by the subsequent filing of a charge-sheet after an application for bail has been made.

JUDGMENT

M.W.CHANDWANI, J. - Rule. Rule made returnable forthwith. Heard finally with the consent of the learned Counsel for the parties.

2. Arrestees in Crime No. 47/2022 take out the application for default bail. The order favours prosecution agency. Aggrieved arrestees make an unsucces sful attempt of availing revisional jurisdiction. By way of this writ petition, they challenge the orders.

3. The brief facts, which give rise to the present petition are as under: The petitioners are being prosecuted by Police Station, Ramnagar, Gondia in Crime No. 47/2022 registered for the offences punishable under Sec. 302, 307, 324, 143, 147, 148 read with sec. 149 of the Indian Penal Code, 1860 (I.P.C.) and sec. 135 of the Maharashtra Police Act, 1951. The petitioners were arrested in the said crime on 25/2/2022 and were produced before the Judicial Magistrate First Class, Court No. 3, Gondia. The petitioners initially were sent to Police Custody Remand (PCR) and thereafter to Magisterial Custody Remand (MCR).

4. On 30/3/2022, the prosecution invoked the provisions of Sec. 3(1) and 3(4) of the Maharashtra Control of Organised Crime Act, 1999 (here-in-after referred to as "MCOC Act" for short) in the present case. Accordingly, by communication dated 31/3/ 2022, information was given to the Special Court. The prosecution thereafter also sought PCR of the petitioners till 12/4/2022, which was granted. Now they are in MCR.

5. On 21/5/2022, the prosecution moved an application under sec. 21(2)(b) of the MCOC Act before the Special Court for extension of time for a period of 90 days more for submission of chargesheet. By order dtd. 24/5/2022, the Special Judge granted extension of 90 days for completing the investigation for the reasons mentioned in the order. By communication dtd. 22/8/2022, the Additional Director General of Police (A.D.G.P.) refused to grant sanction to prosecute the petitioners under the provisions of MCOC Act. On the same day, i.e. on 22/8/2022 at 04:00 p.m., the petitioners filed an application for default bail before the learned Special Judge. The learned Judge passed order to call for the status report. Office of the Chief Judicial Magistrate informed that till 04:25 p.m., no charge-sheet in the said case was filed. The prosecution filed application before the Special Court for remitting the matter back to the Court of Judicial Magistrate First Class. Thereafter the application came to be filed before the Court of Judicial Magistrate First Class, Gondia. However, on the same day, i.e. on 22/8/2022, the Investigating Officer filed charge-sheet before the Court after 04:30 p.m. The Court of Judicial Magistrate First Class, Gondia, after considering the rival submissions of the respective parties, rejected the application of the petitioners for default bail. The petitioners made an unsuccessful attempt by filing revision against the order of the Court of Judicial Magistrate First Class before the Additional Sessions Judge, Gondia. Feeling aggrieved by the order of the learned Magistrate and the learned Additional Sessions Judge, the petitioners are invoking the writ jurisdiction by filing this writ petition.

6. The State filed it's reply and opposed the contention of the petitioners. It is contended that immediately after learning that the A.D.G.P did not give sanction to prosecute the petitioners under the provisions of MCOC Act, Police on the same day, filed charge-sheet before the learned Chief Judicial Magistrate. Before that, in the wake of refusal of permission to prosecute the petitioners under the MCOC Act, the Police had approached the Special Court for referring the matter to the Judicial Magistrate First Class. The learned Chief Judicial Magistrate referred the matter to the Judicial Magistrate First Class, Gondia for accepting the charge-sheet. Initially, the petitioners had filed application before the Special Court at 04:00 p.m., but after learning that the chargesheet was being filed before the Judicial Mag