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VINAY JOSHI, M. W. CHANDWANI
Ganesh S/o Shamrao Pendor – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
VINAY JOSHI, J.
1. Heard finally with the consent of both learned counsel.
2. Admit.
3. The appellants have been arrested in Crime No. 242/2023 by Wardha City Police, for the offence punishable under Sections 307, 143, 147, 149 of the Indian Penal Code, Sections 3, 4 read with Section 25 of the Arms Act, and Sections 3(1)(ii), 3(2), 3(4) of the Maharashtra Control of Organised Crime Act, 1999 (‘MCOC Act’). The appellants have impugned herein the order dated 19.05.2023 granting extension of 30 days in filing of the charge-sheet vide Section 21(2)(b) of the MCOC Act, and consequential order dated 23.06.2023, by which the Special Court has declined to grant bail in-default. The learned APP has defended impugned orders by making exhaustive submissions. Both parties have relied on certain decisions of the Supreme Court and this Court.
4. Learned counsel Mr. Singha h/f Mr. R.K. Tiwari appearing for appellants assailed the impugned order dated 19.05.2023 granting 30 days extension mainly on two counts. Firstly, he claimed that extension was granted by the Special Court without a
The court reaffirmed that an accused’s right to default bail is contingent on proper legal procedures being followed; improper extensions can revive these rights until the formal charge-sheet is file....
Extension of time for investigation of offence – Application of mind by Public Prosecutor is mandatory.
The duty of the Public Prosecutor to independently apply his mind and satisfy himself before seeking extension of time for investigation under Section 21(2)(b) of the MCOC Act is crucial, and the gra....
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 subsequen....
Default bail – Any direction to extend period for filing of charge-sheet encroaches upon personal liberty of an individual arrested in connection with a cognizable offence and any such direction must....
An accused is entitled to default bail under Section 167(2) of Cr.P.C. if charges are not filed within the statutory period, emphasizing the fundamental right to personal liberty.
The main legal point established in the judgment is that the failure to produce the accused before the Special Court and to inform them about the application for extension of time rendered the orders....
Article 21 demands a fair and reasonable procedure before curbing liberty of a person.
Default bail – While considering application by Investigating Agency for extension of time for completing investigation beyond period prescribed under Section 167(2) of Cr.P.C. accused is to be given....
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