ANWAR NOOR MOHAMMED SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Shri S. R. Pasbola, Advocate for the Applicant and Shri S. R. Shinde, APP for the Respondent-State.

(2.) THE Applicant-Accused was arrested by the notice on 7-11-1999 for the offences punishable under Sections 3, 7 and 25 of the Arms Act. Later on, Section 3 read with Section 35 of the Maharashtra Control of Organised Crimes Act, 1999 (for short, MCOC Act) was added. THE Applicant was in police custody for some days and thereafter he was remanded to Magisterial custody. Since the police did not file chargesheet against the accused within 90 days, he and the other co-accused applied for bail on the basis of the provisions of Section 167 (2) of the Code of Criminal Procedure. THE learned Special Judge by his order dated 14-3-2000 allowed the application and directed all the accused, including the Applicant to be released on bail in the sum of Rs. 2,00,000/- with one or more sureties in the like amount. It appears that inspite of the said order, the Applicant-Accused could not avail of the order of bail passed in his favour as he could not arrange for the surety. In the meantime, on 11th April 2000, the police filed chargesheet against all the accused. THEreafter, on 28-5-2000, the Applicant-Accused applied for reduction of bail amount. THE learned Special Judge, however, rejected that application and observed that the applicant would have to prefer a fresh application on merit as the earlier order for grant of bail on the ground of default did not survive, since chargesheet had been filed against him. In doing so, the learned Special Judge relied upon the decision in Sanjay Dutt Vs. State, 1994 Supreme Court Cases (Cri.) 1426, wherein it was observed that indefeasible right accruing to the accused in such a situation is enforceable only prior to the filing of the challan and it does not survive or remain enforceable on the challan being filed. It was further observed by the Apex Court that once the challan is filed, the question of grant of bail has to be considered and decided only with reference to the merits of the case and under the provisions relating to grant of bail to an accused after the filing of the challan.

(3.) WITH these observations, the application is disposed of. The trial Court shall release the Applicant-Accused on bail on his furnishing bail in the requisite amount as per the order dated 14-3-2000.