The Bombay High Court (Nagpur Bench), on 25 August 2025, presided by judges Justice M. M. Nerlikar & Justice Anil L. Pansare granted default bail to the three Accused Appellants (9,10,11) in the Chandrapur firing case while quashing extension orders passed under the Maharashtra Control of Organised Crime Act (MCOCA). The Court held that the Respondent’s applications for extension of time were mechanically filed without independent application of mind by the Public Prosecutor and failed to disclose progress of investigation, thereby violating the safeguards of Section 21(2)(b) MCOCA and Article 21 of the Constitution.
The case arose from a shooting incident at Shahidarbar Hotel, Chandrapur on 12.08.2024, where one person was killed and the informant injured. FIR was registered under provisions of the Bhartiya Nyaya Sanhita, Arms Act and MCOCA(Maharashtra Control of Organised Crime Act). The Appellants were arrested on 18.08.2024. Though the statutory 90-day period for filing chargesheet expired on 16.11.2024, the prosecution obtained repeated extensions under Section 21(2)(b) MCOCA and the Special Judge rejected the Appellants’ applications for statutory default bail.
The Court held that extensions beyond 90 days under Section 21(2)(b) MCOCA require satisfaction of three mandatory conditions: (i) a report by the Public Prosecutor, (ii) the report must indicate progress of investigation, and (iii) it must specify reasons for continued detention of the accused. Examining the record, it found that the Public Prosecutor had merely forwarded police reports without independent application of mind. The reports did not disclose progress of investigation nor valid reasons for detention, but repeated identical grounds. Relying on Hitendra Vishnu Thakur v. State of Maharashtra (1994) 4 SCC 602, the Court held that these defects rendered the extensions unsustainable and infringed the accused’s right to liberty under Article 21.Accordingly, the Court quashed the extension orders dated 07.12.2024, 04.01.2025 and 18.01.2025 and the rejection of default bail. The Appellants were ordered to be released on bail on furnishing a PR bond of ₹50,000 each with two sureties, subject to conditions of regular appearance, cooperation with the investigation, and non-tampering with evidence, with liberty to the Respondents to seek cancellation in case of breach of the order.
Appearances:
For the Appellants : Senior Advocate Akshay Naik assisted by Adv.Aniruddha Jaltare
For the Respondent : Adv S. S. Doifode, (Additional Public Prosecutor)
