JUDGMENT (ORAL)

A.M. Badar, J.—Heard.

Rule.

Rule made returnable forthwith. Heard by consent.

2. By this appeal, the State is challenging the order dated 6th December 2016 passed by the learned Special Judge under the Maharashtra Control of Organized Crime Act (MCOC Act for the sake of brevity) Pune, on Remand Application dated 6th December 2016 of Kondhwa Police Station, Pune, in C.R.No.477 of 2015, thereby rejecting the prayer for remand of respondent / accused to police custody and instead remanded her to judicial custody till 27th December 2016.

3. I have heard the learned APP appearing for the State. She vehemently argued that in Crime No.477 of 2015 in all 12 accused are implicated by now and the chargesheet against three of them was filed on 2nd June 2016. The learned APP further argued that two of absconding accused namely Rani Prabhakar Nair and Jyoti wife of Bapu @ Kumar Prabhakar Nair were traced out on 21st November 2016. When the Investigating Officer sought permission of the learned Judicial Magistrate First Class (JMFC) for arresting those accused persons, the respondent / accused filed a false affidavit stating that proceedings are stayed by this court. The learned