IMPORTANT POINT
The court established that a valid report from the Public Prosecutor is essential for extending the time to file a charge-sheet, and failure to comply with procedural requirements negates the right to default bail.

JUDGMENT :

Shyam C. Chandak, J.

1. Impugned in both Appeals is a common Order dated 28th June 2022, passed by the learned Special Judge, National Investigating Agency, at Greater Mumbai, below Applications at Exhibits-48 and 49 in Special Case No.414 of 2020, whereby said Applications seeking default bail under Section 167(2) of the Criminal Procedure Code have been rejected. The Application at Exhibit-49 was filed by the Appellants in Appeal No.1208 of 2022 and the Application at Exhibit-48 was filed by the Appellant in Appeal No.1272 of 2023. Hence, both the Appeals have been taken up for disposal by this common Judgment and Order.

2. During pendency of the Appeals, Appellant-Mahesh Raut has been granted bail by this Court. As informed by Mr. Vyas, Appellant-Dr. Shoma Sen has been granted bail by the Hon’ble Supreme Court.

3. Heard Mr. Anand Grover, learned Senior Advocate for the Appellants in Criminal Appeal No.1208 of 2022, Mr. Yashodeep Deshmukh, learned appointed Advocate for the Appellant in Criminal Appeal No.1272 of 2023, Mr. Devang Vyas, learned Additional Solicitor General of India for Respondent-NIA and Dr. Ms. A.A. Takalkar, APP for the Respondent-State. Perused the record and the Affidavits in Reply dated 13th December 2023, additional Affidavits dated 20th and 29th February 2024 by the National Investigation Agency and the Rejoinder on behalf of the Appellant Surendra P Gadling dated 1st March 2024.

4. The facts giving rise to these Appeals are as under :-

4.1 That, on 8th January, 2018 F.I.R. bearing Crime No.04 of 2018 was registered at Vishrambaug Police Station, Pune, under Sections 153A, 505 (1)(b), 117 read with 34 of the Indian Penal Code (‘I.P.C.’, for short). Offence under Section 120-B of I.P.C. was added to the crime on 6th March, 2018. On 19th May, 2018 offences under Sections 13, 16, 17, 18, 18-B, 20, 38, 39 & 40 of Unlawful Activities (Prevention) Act, 1967 (‘U.A.P. Act’ for short) were also added by the Investigating Agency.

4.2 On 6th June, 2018 all the Appellants came to be arrested in the aforesaid crime. They were produced for 1st remand on 7th June, 2018.

4.3 On 28th August, 2018 four more accused viz., Dr. P. Vara Vara Rao, Vernon Gonsalves, Arun Fereirra and Sudha Bhardwaj were arrested.

4.4 On 30th August, 2018 first Application/report at Exhibit-29 under Section 43D(2)(b) of U.A.P. Act was filed by the then Investigating Officer through and containing signature of the Public Prosecutor, seeking extension of time to file charge-sheet against the Appellants. Similar Application at Exhibit-30, purporting to be a report of the Public Prosecutor under Section 43D(2)(b) of U.A.P. Act was also filed by the Investigating Officer through and containing signature of the Public Prosecutor. On 2nd September, 2018, the learned Additional Sessions Judge Shri. K.D. Vadane granted the report/Application at Exhibit-30 and extended the time to file the charge-sheet by 90 days. In this regard, the learned Judge considered that, the investigation is in progress. Certain forensic report of electronic record was awaited which was required to investigate the widespread of the crime.

4.5 On 21st September, 2018 all the Appellants filed a Criminal Writ Petition No.4148/2018 before this Court challenging the Order of the Sessions Court dated 2nd September, 2018, whereby time to file charge-sheet was extended by 90 days. This challenge was on the ground that, the Application (Exh.30) for extension of time to file charge-sheet was not strictly a Report under Section 43D(2) of the U.A.P. Act to be filed by the Public Prosecutor. Accordingly, it was prayed (a) to exercise the powers under Section 482 of Cr.P.C. and quash and set-aside the Order dated 02nd September, 2018 passed by the learned Special Judge, Pune in C.R. No.04/2018 and (b) consequently Petitioners be released on bail as the Respondents failed to file the charge-sheet within 90 days.

4.6 On 27th September, 2018 the Appellants filed the Applications at Exhibit-49