Case Note & Summary
The appellants, nine individuals, were arrested in connection with Crime No. 179 of 2018 registered at Anandnagar Police Station, Osmanabad, for various offences including murder, attempt to murder, and offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and the Maharashtra Control of Organized Crime Act, 1999 (MCOC Act). They were arrested on 20th June 2018. The investigation was not completed within 90 days, and the charge sheet was filed on 19th September 2018, beyond the statutory period. The appellants filed applications for default bail under Section 167(2) of the Code of Criminal Procedure, 1973, which were rejected by the Special Court. The appellants also challenged the orders extending their remand under Section 21 of the MCOC Act, which were passed without hearing them. The High Court held that the orders extending remand were invalid as they were passed without giving the accused an opportunity of being heard and without recording reasons. Consequently, the period of remand could not be extended, and the charge sheet was not filed within 90 days. The appellants acquired an indefeasible right to default bail, and the subsequent filing of the charge sheet did not extinguish that right. The court allowed the appeal, set aside the orders rejecting bail, and directed the release of the appellants on bail on certain conditions.
Headnote
A) Criminal Procedure - Default Bail - Section 167(2) CrPC - Indefeasible Right - The accused have an indefeasible right to be released on bail if the investigation is not completed and charge sheet not filed within the statutory period of 90 days for offences punishable with death or imprisonment for life. The court cannot extend the period beyond the statutory limit except as provided under the special Act. (Paras 10-15) B) MCOC Act - Extension of Remand - Section 21 MCOC Act - The extension of remand under Section 21 of the MCOC Act must be granted by the Special Court after giving the accused an opportunity of being heard and recording reasons. In the present case, the orders extending remand were passed without hearing the accused and without proper application of mind, hence invalid. (Paras 8-12) C) Criminal Procedure - Default Bail - Section 167(2) CrPC - Right to Bail - Once the period of 90 days expires and no charge sheet is filed, the accused acquires an indefeasible right to default bail. The subsequent filing of charge sheet does not extinguish that right if the application for bail was filed before the charge sheet. (Paras 13-15)
Issue of Consideration
Whether the appellants are entitled to default bail under Section 167(2) of the Code of Criminal Procedure, 1973, when the charge sheet was not filed within the prescribed period of 90 days and the orders extending remand under Section 21 of the Maharashtra Control of Organized Crime Act, 1999 were not validly passed.
Final Decision
Appeal allowed. The orders of the Special Court rejecting bail are set aside. The appellants are directed to be released on bail on executing PR bond of Rs. 25,000 each with one or two sureties.
Law Points
- Default bail under Section 167(2) CrPC
- Extension of remand under Section 21 MCOC Act
- Indefeasible right to bail
- Computation of period for filing charge sheet
