JUDGMENT :-

1. This is a writ petition challenging the order passed by the learned Special Judge, Nanded refusing default bail to the accused who is arrested under the Maharashtra Control of Organized Crime Act (for short “MCOC Act”). The learned Additional Sessions Judge-2, Nanded dismissed the application on the ground that the prosecution is granted extension of 90 days by order dated 22.07.2022 and therefore, the petitioner will not get benefit of the default bail under Section 167 (2) of the Code of Criminal Procedure (for short “Cr.P.C.”). The facts necessary for decision of this writ petition are that the information was lodged on 10.12.2019 on the basis Crime No. 273/2019 came to be registered with Itwara Police Station, Nanded for the offence punishable under Sections 307, 506, 120-B, 109 r/w 34 of the Indian Penal Code and Section 3/25, 4/25 of the Arms Act. In connection with the said offence, the petitioner was arrested on 13.07.2020. He was released on bail on 11.08.2020.

2. After a long gap, the police machinery obtained sanction from Special Inspector General, Nanded Range to apply the provisions of MCOC Act vide communication dated 27.05.2022. The accused thus, again