DARSHAN SUBHASH NANDAGAWALI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Admit. Heard finally by the consent of the learned counsel for the respective parties.

(2.) The appellant is one of the accused in Crime No.357/2022, registered with Police Station Civil Lines, District - Akola, for the offence punishable under Ss. 302, 120-B, 143 and 34 of the Indian Penal Code read with Sec. 4 and 25 of the Arms Act and Sec. 3(1)(i)(ii), Sec. 3(2) and Sec. 3(4) of the Maharashtra Control of Organized Crime Act, 1999. Present appeal is filed under Sec. 12 of MCOC Act, 1999, thereby challenging three orders, (i) First order of extension granted to the Investigation Agency for a period of 60 days under Sec. 21(2)(b) of MCOC Act, on 7/11/2022 by the Special Court, (ii) Order rejecting bail application filed by the appellant under Sec. 167(2)(a)(ii) of the Code of Criminal Procedure read with Sec. 21(2)(b) of MCOC Act dtd. 9/12/2022 and (iii) Second extension of 15 days granted to the Investigation Agency under Sec. 21(2)(b) of the MCOC Act dtd. 9/1/2023.

(3.) Learned counsel Mr. Sirpurkar, basically raised three grounds thereby challenging the impugned orders. Firstly, he claimed that both extensions granted by the Special Judge, are without application of mind and without following settled propositions of law as laid down in Sec. 21(2)(b), proviso, wherein it is mandatory for the Public Prosecutor to submit his independent report by applying mind to the facts and circumstances of the case for applying for extension of time. Secondly, he claimed that after the first extension was granted without following due procedure, rejection of bail was totally illegal, thereby detaining the appellant in illegal custody. Thirdly, he claimed that second extension was granted by the learned Special Court, only on the ground that Investigating Agency were awaiting sanction from the Government under the MCOC Act, which is not at all a ground for further extension. Mr. Sirpurkar, learned counsel for the appellant has placed reliance on the following decisions: