KAMLAKAR LACHHAYYA OLLALA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD the learned Advocates for the paities. Perused the records.

(2.) SINCE the common questions of law and facts arise in both these appeals, they were heard together and are being disposed of by this common judgment.

(3.) IN both these appeals, the appellatnt challenges the orders passed by the Additional Sessions Judge, Gadchiroli, remanding the appellants to custody beyond the period of 90 days from the date of arrest of the appellants on the various grounds, inter alia contending that the exercise of powers of remand by the Additional Sessions Judge to be ab initio bad in law of in view of the provisions of law contained in section 49 of the Prevention of Terrorism act, 2002 (hereinafter called as "pota") as well as the law settled by the Apex court on the point of indefeasible right of the accused to get released on bail on account of default on the part of the investigating agency to submit the charge-sheet within a period of 90 days and failure to get such period extended by further period of 90 days by the Special Court under the said provisions of law contained in section 49 of the POTA.