BA 165/17 in Remand Appln. 60/16
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IN THE COURT OF SPECIAL JUDGE (UNDER THE PREVENTION
OF CORRUPTION ACT) GREATER BOMBAY
ORDER BELOW BA 165 OF 2016
IN
REMAND APPLICATION NO.60 OF 2016
Vaishali Mudale
(Currently in Jail Custody and
lodged at Byculla Prison, Mumbai)
… Applicant/accused.

versus
The State of Maharashtra
(Through Dahisar Police Station н
C.R.No.336/15 investigation by
C.I.D., Konkan Bhavan)
Е Respondent/Complainant.

Appearances :
Mr. Prashant Raul, Ld. Counsel for the applicant/accused.
Mr.P.P.Chavan, Ld. Spl.P.P. for the State.
Coram : H.H. THE SPECIAL JUDGE
SHRI A. D. TANKHIWALE.
(C.R.NO.45)
Dated : 22nd March 2017.
ORAL ORDER
1.

The Ld. Counsel for the applicant submitted before me that
the period of 90 days as per Section 167(2) of the Cr.P.C. expires on
21st March 2017 and prosecution agency has not placed on record the
chargesheet.
2.

As against this the Ld. Spl.P.P. submitted before me that
the chargesheet was already filed before the Registry/concerned
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BA 165/17 in Remand Appln. 60/16
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department on 17/3/2017. The Ld. Spl.P.P. has drawn my attention to
the observations made by the Hon’ble Lordship in Criminal Bail
Application No.2174/15 dated 27/1/2016. In the said application same
question arose before the Hon’ble Lordship.

The Hon’ble Lordship
observed therein that :
У7.

Admittedly, in the present case, as far as the
Applicant No.1 is concerned, he was arrested on 19 th July,
2015 and the period of 90 days had come to an end on 17 th
October, 2015.

The report dated 20 th October, 2015
submitted by the Registry of the City Civil & Sessions
Court, Mumbai is produced before me and the said report
reveals the said fact as mentioned herein above. Even as
per the said report, the chargesheet was submitted in the
Registry of the Sessions Court on 16 th October, 2015 at 5
p.m. that is before the expiry of 90 days period, which
would have come to an end on 17th October, 2015.
8.

As far as the Applicant No.2 is concerned, the said
period of 90 days ended on 24 th October, 2015. Thus it is
clear that the investigating agency has filed the chargeн
sheet in her case also before the expiry of 90 days period.
The Applicants have not produced any other material to
substantiate their contention that only some documents
were filed and not the chargeнsheet as per section 173(2)
of Cr.P.C. was filed before the trial Court. It is needless to
mention that in view of the provisions of section 173(2) of
the Cr.P.C., the Form prescribed for submission of the final
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BA 165/17 in Remand Appln. 60/16
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report constitutes a part of the chargeнsheet.

The
Applicants have failed to produce or substantiate their
claim that the said final report and the Form was not
submitted by the investigating agency alongwith the other
documents in the said chargesheet.
9.

Be it as it may, in view of the fact that the
investigating agency has submitted the chargeнsheets
before the expiry of the period of 90 days, in my
considered opinion, the Applicants are not entitled for the
benefit under section 167(2) of the Cr.P.C., as the alleged
indefeasible right did not accrue in their favour at all.Ф
3.

In the present application, as appears from the report of the
Registry that after receipt of the chargesheet on 17/3/2017, the
scrutiny is under progress. Filing of the chargsheet before the Registry,
as per the observation of the Hon’ble Lordship, amounts to filing of the
chargesheet before the Court. As the chargesheet is already filed before
the expiry of the period of 90 days, I find no substance in the
application. I proceed to pass following order :
ORDER
Bail Application No.165 of 2017 stands rejected and
disposed of accordingly.

Date : 22/03/2017.

(A.D.TANKHIWALE)
Special Judge,
City Sessions Court,
Gr.Bombay.

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BA 165/17 in Remand Appln. 60/16
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УCERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.Ф
UPLOAD DATE AND TIME
24/03/2017 Ц 5.30 p.m.

P. A. Patkar,
ClerkнcumнTypist
Name of the Judge (With Court His Honour The Special
Room No.)

Judge Shri A.D.Tankhiwale
(C.R.No.45)
Date of Pronouncement of ORDER
22/03/2017
ORDER signed by P.O. on
24/03/2017
ORDER uploaded on
24/03/2017
…..