Case Note & Summary
The petitioners, accused in a crime registered under Sections 307, 109 read with Section 34 IPC and Sections 3 and 25 of the Arms Act, along with provisions of the Maharashtra Control of Organised Crime Act (MCOCA), were arrested on 10.12.2021. They filed bail applications under Section 167(2) CrPC read with Section 12 of MCOCA, claiming entitlement to default bail as the charge-sheet was not filed within the prescribed period of 180 days. The Special Judge, Ahmednagar, rejected their bail applications and granted extension of time for filing charge-sheet vide order dated 09.05.2022. The petitioners challenged both orders. The High Court held that the extension of investigation period under MCOCA cannot be granted without affording an opportunity of hearing to the accused, as it directly affects their right to liberty. Since the extension was granted ex parte, it was invalid. Consequently, the accused were entitled to default bail. The court allowed the petition, set aside the impugned orders, and directed the release of the petitioners on bail subject to conditions.
Headnote
A) Criminal Procedure - Default Bail - Section 167(2) CrPC read with Section 12 MCOCA - Right to be heard before extension of investigation period - The court held that the extension of time for filing charge-sheet under MCOCA cannot be granted without affording an opportunity of hearing to the accused, as it affects their liberty. Since the extension was granted ex parte, the accused are entitled to default bail. (Paras 10-15) B) Criminal Procedure - Computation of Period for Default Bail - Section 167(2) CrPC - The period of 90 days for filing charge-sheet applies to offences punishable with death, imprisonment for life, or imprisonment for 10 years or more. For other offences, it is 60 days. Under MCOCA, the period is 180 days. The court computed the period from the date of first remand and found that the charge-sheet was filed beyond the prescribed period. (Paras 8-9) C) Criminal Procedure - Extension of Investigation Period - Section 12 MCOCA - The court held that the power to extend the investigation period under MCOCA is not automatic and must be exercised judiciously, with notice to the accused. The extension order dated 09.05.2022 was set aside as it was passed without hearing the accused. (Paras 12-14)
Issue of Consideration
Whether the accused are entitled to default bail under Section 167(2) CrPC read with Section 12 of MCOCA when the charge-sheet was filed beyond the prescribed period and the extension of time for investigation was granted without notice to the accused.
Final Decision
The petition is allowed. The impugned order dated 09.05.2022 rejecting bail and granting extension of time is set aside. The petitioners are directed to be released on bail on furnishing a PR bond of Rs. 25,000/- each with one or two sureties. The petitioners shall not tamper with evidence or influence witnesses and shall attend the trial regularly.
Law Points
- Default bail under Section 167(2) CrPC
- extension of investigation period under MCOCA
- right to be heard before extension
- computation of 90/180 days for default bail
