Case Note & Summary
The applicants, Dinesh Ganesh Indre and others, were arrested in connection with CR No. 497 of 2023 registered at Malad Police Station for offences under the Indian Penal Code and Maharashtra Police Act. During investigation, the MCOCA was invoked against them. The Special Court extended the investigation period by 21 days under Section 21(2) MCOCA. However, the competent authority refused sanction under Section 23(2) MCOCA on 12th December 2023. Consequently, the case was remitted to the jurisdictional Magistrate. On 13th December 2023, the applicants filed an application for default bail under Section 167(2) CrPC before the ACMM. The charge-sheet was filed on 14th December 2023. The ACMM rejected the bail application on the ground that the extension period had not expired and the application was not decided before filing of charge-sheet. The High Court held that the right to default bail is indefeasible and accrues upon expiry of the statutory period. Since the MCOCA sanction was refused, the extension under Section 21(2) became redundant, and the investigation period under Section 167(2) CrPC had expired. The applicants had availed their right by filing the application before the charge-sheet was filed. Therefore, the court allowed the bail application and directed the release of the applicants on bail.
Headnote
A) Criminal Procedure - Default Bail - Section 167(2) CrPC - Indefeasible Right - The right to default bail under Section 167(2) CrPC accrues upon expiry of the statutory period for investigation and is not defeated by subsequent filing of charge-sheet if the accused has already availed the right by filing an application before the charge-sheet is filed. (Paras 9-10) B) MCOCA - Extension of Investigation - Section 21(2) MCOCA - Effect of Refusal of Sanction - Once the competent authority refuses sanction under Section 23(2) MCOCA, the extension of investigation period under Section 21(2) becomes redundant and the case reverts to ordinary law, and the period for investigation under Section 167(2) CrPC must be computed from the date of arrest. (Paras 4-6) C) Criminal Procedure - Default Bail - Filing of Charge-Sheet - Timing - The filing of charge-sheet after the accused has applied for default bail does not extinguish the indefeasible right; the court must decide the application on the basis of the position as on the date of expiry of the statutory period. (Para 9)
Issue of Consideration
Whether the applicants are entitled to default bail under Section 167(2) CrPC when the charge-sheet was filed after the expiry of the statutory period but before the application for default bail was decided, and whether the extension of investigation period under MCOCA Section 21(2) remains valid after the competent authority refused sanction under Section 23(2) MCOCA.
Final Decision
The High Court allowed the bail application and directed the release of the applicants on bail, holding that they are entitled to default bail under Section 167(2) CrPC.
Law Points
- Default bail under Section 167(2) CrPC is an indefeasible right that accrues upon expiry of the statutory period for investigation
- and once the accused has availed the right by filing an application
- subsequent filing of charge-sheet does not extinguish that right
- extension of investigation period under MCOCA Section 21(2) does not revive the period after refusal of sanction under Section 23(2) MCOCA.
