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VINAY JOSHI, BHARAT P. DESHPANDE
Darshan Subhash Nandagawali – Appellant
Versus
State of Maharashtra, Through Police Station Officer, Civil Lines, Akola – Respondent
JUDGMENT
Bharat P. Deshpande, J.—Admit. Heard finally by the consent of the learned counsel for the respective parties.
2. The appellant is one of the accused in Crime No.357/2022, registered with Police Station Civil Lines, District – Akola, for the offence punishable under Sections 302, 120-B, 143 and 34 of the Indian Penal Code read with Section 4 and 25 of the Arms Act and Section 3(1)(i)(ii), Section 3(2) and Section 3(4) of the Maharashtra Control of Organized Crime Act, 1999. Present appeal is filed under Section 12 of MCOC Act, 1999, thereby challenging three orders, (i) First order of extension granted to the Investigation Agency for a period of 60 days under Section 21(2)(b) of MCOC Act, on 07.11.2022 by the Special Court, (ii) Order rejecting bail application filed by the appellant under Section 167(2)(a)(ii) of the Code of Criminal Procedure read with Section 21(2)(b) of MCOC Act dated 09.12.2022 and (iii) Second extension of 15 days granted to the Investigation Agency under Section 21(2)(b) of the MCOC Act dated 09.01.2023.
3. Learned counsel Mr. Sirpurkar, basically raised three grounds thereby challenging the impugned orders. Firstly, he claimed that both extensions
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 main legal point established in the judgment is the statutory mandate for the Public Prosecutor to independently apply his mind and satisfy himself about the progress of the investigation and jus....
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 court emphasized the necessity of the Public Prosecutor's independent application of mind when seeking extension of investigation time, which is essential for safeguarding the accused's rights.
Point of law : Even though such a notice is necessary, it is not necessary that the notice should be in writing, production of the accused at the time in the court informing that the question of exte....
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