Bombay High Court Rules Accused Cannot Claim Default Bail Solely Due To MCOCA Invocation Post IPC Chargesheet.
No default bail solely due to later MCOCA charges. IPC chargesheet timing crucial for entitlement under CrPC Section 167.
The Bombay High Court recently ruled that an accused cannot assert the right to seek default bail solely on the grounds that the Maharashtra Control of Organised Crime Act (MCOCA) was invoked after the chargesheet for the Indian Penal Code (IPC) offense had been filed.
Justice MS Karnik emphasized that the right to claim default bail under Section 167(2) of the Code of Criminal Procedure (CrPC) does not revive, as the activation of MCOCA provisions did not constitute a new investigation but rather a continuation of the earlier investigation related to the IPC offense.
This observation came as Justice Karnik rejected the default bail plea of Amit Bhogale and Vaibhav Aglave, who were initially accused of murder under the IPC and later faced additional charges under the stringent MCOCA.
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