IN THE COURT OF SESSIONS FOR GR.BOMBAY
AT BOMBAY
BAIL APPLICATION IN MCOC NO. 1212 OF 2020
Abdul Rehman Abdul Latif Shaikh @ Sonu
… Applicant
Versus
State of Maharashtra
… Respondent.

Learned Cheif PP Mr.Jaysing Desai for State.
CORAM : HIS HONOUR THE ADDL.SESSIONS JUDGE
SHRI. Dinesh E. KOTHALIKAR (C.R.NO.25)
DATED : 13th January, 2021.
(DICTATED AND PRONOUNCED IN OPEN COURT)
ORAL ORDER
Read application. Perused record.
2.

Upon perusal of the record, it would reveal that vide order dated
08.12.2020 the Learned advocate for the applicant was directed to serve
copy of application upon the Investigation Officer.

However, it is
found that the order dated 08.12.2020 has not been complied with. On
last date, since this Court had found that despite, granting sufficient
opportunity tot he applicant to comply with the order dated 08.12.2020
it has not been complied with. Therefore, the matter has been posted
for orders today.
3.

Today also none has appeared for the applicant, therefore, this
Court has taken up the application for consideration.
4.

Upon perusal of the application, it would reveal that the applicant
has complained that respondent had filed an application for extension of
time to submit the charge sheet on 11.11.2020.

The matter was
adjourned to 13.11.2020, but since the applicant did not engage an
advocate and he was not produced before the Court from custody, fair
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hearing has not been given to him.

Thus, it appears that it is the
contention of the applicant that the order for extension of time to file
charge-sheet was granted without giving him an opportunity to be
heard. Therefore, he has claimed bail under section 167 (2) of the
Cr.P.Code.
5.

Upon perusal of the aforesaid contention raised by the applicant,
it can be said that the applicant wants to raise dispute about the order
passed by my Learned Predecessor which is not permissible. If, this
Court by considering the contention raised by the applicant allows the
application indirectly this Court would be deciding the matter as an
Appellate Court which would be contrary to law. In this view of the
matter, I do not find merit in the application. In view of the fact that
time to file charge-sheet was extended and thereafter within the
stipulated time charge-sheet has also been submitted, it can not be said
that right is accrued in favour of the applicant for his release on default
bail.
6.

In the background of aforesaid discussion, I hold that the
application sans merit is liable to rejected. Hence,
I pass following
order;
ORDER
MCOC Bail Application No.1212 of 2020 stands rejected.

Date : 13.01.2021.
Dictated on : 13.01.2021.
Typed on : 13.01.2021.
Signed on : 13.01.2021.

(Dinesh E. Kothalikar)
Special Judge, MCOCA
City Civil and Sessions Court,
For Greater Bombay
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“ CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
NAME OF TYPIST
: 14.01.2021 AT 03.45 PM
: Ms. MANISHA HIROLE
NAME OF THE JUDGE
HHJ SHRI.D.E.KOTHALIKAR
(C.R.No.25)
Date of Pronouncement of Order
13.01.2021
Order signed by the P.O. On
13.01.2021
Order uploaded on
14.01.2021