Mumbai, January 14, 2021 – In a significant ruling, the Court of Sessions for Greater Bombay, presided over by His Honour the Additional Sessions Judge, Shri Dinesh E. Kothalikar, rejected the bail application of Abdul Rehman Abdul Latif Shaikh @ Sonu in MCOC No. 1212 of 2020. The application, which sought default bail under Section 167(2) of the Cr.P.C., was dismissed on January 13, 2021, following a review of the application and pertinent court records.

The applicant, Abdul Rehman Abdul Latif Shaikh @ Sonu, had contended that his right to default bail had accrued because the order extending the time for filing the charge sheet was passed without providing him an opportunity to be heard. He argued that he was not produced before the court from custody and had not engaged an advocate at the time of the extension order on November 13, 2020, following an initial application for extension by the respondent (State of Maharashtra) on November 11, 2020.

However, the court found several procedural shortcomings on the part of the applicant. The oral order, dictated and pronounced in open court, highlighted that the applicant’s learned advocate had been directed on December 8, 2020, to serve a copy of the bail application upon the Investigation Officer. This order, crucial for due process, was not complied with. The court noted that despite granting sufficient opportunity, the applicant failed to adhere to this directive. On the day of the pronouncement, none appeared for the applicant, prompting the court to proceed with the consideration of the application ex-parte.

Justice Kothalikar, in his order, meticulously addressed the applicant’s core contention. He observed that the applicant was essentially challenging an order passed by his predecessor, which is not permissible in the current forum. “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,” the order stated.

Furthermore, the court emphasized that since the time to file the charge sheet was indeed extended, and the charge sheet was subsequently submitted within the stipulated extended period, it could not be said that a right to default bail had accrued in favor of the applicant. This directly countered the applicant’s claim under Section 167(2) of the Cr.P.C., which allows for default bail if the investigation is not completed and the charge sheet is not filed within the prescribed period.

In light of the aforesaid discussion, the court concluded that the application sans merit and was liable to be rejected. The MCOC Bail Application No. 1212 of 2020 was thus formally rejected.

The certified true and correct copy of the original signed judgment/order was uploaded on January 14, 2021, at 3:45 PM. The order was dictated, typed, and signed by Special Judge, MCOCA, City Civil and Sessions Court, for Greater Bombay, Shri Dinesh E. Kothalikar, on January 13, 2021. Learned Chief Public Prosecutor Mr. Jaysing Desai represented the State during the proceedings.