WAJID ABDUL WAHID SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant, who is an accused in C.R. No. 60/2013 registered at R.A. Kidwai Marg Police Station, Mumbai, by this application, prays for bail. According to the applicant, the investigation was not completed within the period prescribed by clause (a) of the first proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure (hereinafter referred to as "the Code"), but that, he was still not released on bail, thereby defeating the right to be released on bail, that had accrued to him. The applicant, therefore, is seeking bail only on the ground that effect should be given to the right that had accrued in his favour of being released on bail. Since this is the only contention and since no arguments on the merits of the allegations levelled against the applicant and the case against him have been advanced, it is not necessary to refer to the facts of the case. What, however, needs to be observed is that the provisions of the Maharashtra Control of Organised Crime Act, 1999 (M.C.O.C. Act) have been applied to the case against the applicant.

(2.) The details of the relevant happenings, and more particularly, the dates thereof are as follows:-

(3.) The substance of the contentions advanced by the applicant is that the maximum statutory period during which his detention in custody pending investigation could be authorized, expired on 20.06.2013, and that therefore, on 21st June, 2013, the applicant was entitled to be released, mandatorily, on bail, in view of the provisions of proviso to sub-section (2) of Section 167 of the Code read with Section 21(2)(b) of the M.C.O.C. Act.