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IN THE HIGH COURT OF JUDICATURE OF BOMBAY AURANGABAD BENCH
SANDIPKUMAR C. MORE, MEHROZ K. PATHAN
Akshay Mahadeo Kamble – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. overview of the appeal and circumstances. (Para 1 , 2) |
| 2. arguments regarding the extension of investigation period. (Para 3 , 4) |
| 3. grounds for challenging the extension and rejection of bail. (Para 5 , 6 , 15) |
| 4. analysis of procedural aspects regarding bail and investigation. (Para 7 , 8 , 9) |
| 5. legal interpretations impacting the right to default bail. (Para 11 , 14 , 16 , 19) |
| 6. decisions made regarding the appeal and bail. (Para 20) |
JUDGMENT :
SANDIPKUMAR C. MORE, J.
1. By way of this appeal, the appellant has questioned the legality and validity of the order dated 29.05.2025 passed by the learned Additional Sessions Judgeand Special Judge, Latur whereby extension of 90 days sought by the Investigation Officer i.e. Sub-Divisional Police Officer, Latur, has been granted for completing further investigation and filing charge-sheet. However, during pendency of this appeal, by carrying out the amendment, the appellant also prayed for quashing and setting aside the impugned order below Exh.1 dated 30.07.2025 passed by the learned Special Judge, whereby default bail application filed by the appellant, was rejected.
2. Facts leading to the present appeal, are as under :
The
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....
The right to default bail under Section 167(2) accrues upon non-filing of the charge-sheet within the stipulated time, and cannot be extinguished by subsequent extensions or filings.
(1) Default bail – Once period of detention expired, sans charge-sheet having been lodged and accused manifested intent to avail right by making application, no subterfuge to defeat indefeasible righ....
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....
Article 21 demands a fair and reasonable procedure before curbing liberty of a person.
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....
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....
The right to default bail under Section 167(2) of the CrPC is an indefeasible right and not a statutory right. It is a part of the procedure established by law under Article 21 of the Constitution.
Extension of time for filing chargesheet must be based on valid grounds; if the investigation is complete, the right to default bail accrues.
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