1 / 11

09-BA-19-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO.19 OF 2022

Suraj Arun Pote

.... Applicant

versus

State of Maharashtra

.... Respondent

…....

•

Mr.Nitin Sejpal, Advocate for Applicant.

•

Smt. Aruna S. Pai (Chief PP) a/w Mr. P. H. Gaikwad, APP for

the State/Respondent.

CORAM

: SARANG V. KOTWAL, J.

DATE

: 09^th FEBRUARY, 2022

(through video conferencing)

P.C. :

1.

The Applicant is seeking his release on bail under the

provisions of section 167 of the Code of Criminal Procedure,

1973 (for short ‘

Cr.P.C.’) r/w section 21(4) of the The

Maharashtra Control of Organised Crime Act, 1999 (for short

‘MCOC Act’) in respect of C.R.No.97 of 2021 registered with

Meghwadi Police Station.

2.

Heard Mr.Nitin Sejpal, learned counsel for the

Applicant and Smt. Aruna S. Pai, learned Chief PP for the State.

Nesarikar

MANUSHREE

V

NESARIKAR

Digitally

signed by

MANUSHREE

V

NESARIKAR

Date:

2022.02.11

16:39:50

+0530

2 / 11

09-BA-19-22.odt

3.

It is not necessary to go into the merits of the matter

because the Applicant is seeking bail for non filing of the charge-

sheet within the stipulated period. The merit in this matter is not

of much importance. However, the basic facts which are

admitted by both the parties are necessary to be mentioned.

4.

The FIR vide C.R.No.97/2021 was registered at

Meghwadi police station on 18/04/2021 u/s 326, 188, 143,

144, 147, 148, 149, 120(B) r/w 34 of the Indian Penal Code and

also under the provisions of Maharashtra Police Act.

Subsequently section 307 of the IPC was also added. The

Applicant came to be arrested on 20/05/2021 in this

connection. The investigation was carried out and the charge-

sheet was filed on 05/08/2021. The learned Magistrate took

cognizance and committed the case to the Court of Sessions. On

18/08/2021, the approval u/s 23(1)(a) was granted to apply

provisions of MCOC Act.

5.

The appointed Investigating Officer under that

approval sought custody of the Applicant by making application

3 / 11

09-BA-19-22.odt

before the learned Special Judge under MCOC. The permission

was granted on 23/10/2021 and on that day the Applicant was

shown arrested for commission of offence under the MCOC Act.

The learned Special Judge for MCOC granted police custody to

the Applicant. On 28/10/2021 jail custody was granted. On

17/11/2021 the Applicant moved an application for default bail

under the provisions of 167(2) of Cr.P.C. Learned Special Judge

under MCOC rejected that application on 22/12/2021 and

thereafter the Applicant has filed the present application before

this Court on 30/12/2021. After filing of this application, the

competent authority granted sanction u/s 23(2) of MCOC Act on

18/01/2022 and the charge-sheet showing MCOC offence was

filed on 19/01/2022.

6.

Learned counsel for the Applicant Mr.Sejpal submitted

that the investigating agency was duty bound to file the charge-

sheet within a period of 180 days from the first remand of the

Applicant. For that purpose the date of first remand should have

been taken as 20/05/2021. Therefore according to Mr.Sejpal

4 / 11

09-BA-19-22.odt

right accrued to him u/s 167 of Cr.P.C for being released on

default bail from 16/11/2021. The record produced by the

learned APP shows that the application for default was filed on

17/11/2021.

7.

According to Mr.Sejpal this was outside the outer limit

for filing of the charge-sheet and therefore the Applicant

deserves to be released on bail under the provisions of section

167 of Cr.P.C. Mr.Sejpal relied on the judgment of the Hon’

ble

Supreme Court passed in the case of State of Maharashtra Vs.

Bharati Chandmal Varma, as reported in 2002 Supreme Court

Cases (Cri.) 299. He submitted that this judgment supports the

contention that the outer limit for filing the chargesheet has to

be calculated from the date of first remand and not from the

date when the MCOC provisions were applied or from the date

when the accused is re-arrest