The Thane District today rejected default bail to 16 persons, including a man and his 2 sons, arrested in charge of attempt to murder & Arms Act and slapped with the strict Maharashtra Control of Organised Crimes (MCOC) Act.
The Special court judge Amit Shete observed that the applicants do not have any indefeasible right of bail. The copy of the order passed on March 6 was made available on Monday.
The accused allegedly attacked a man on November 13, 2022, at the Ambernath in the Thane District of Maharashtra in order to protect him from contesting the elections for the Kalyan Dombivali Municipal Corporation.
The Lawyers representing the applicants who requested default bail stated that the chargesheet has already been filed. The special Public Prosecutor Vinit A Kulkarni opposed the application stating that the accused don’t deserve bail as the prosecution followed all requisite procedures to file a chargesheet in the stipulated period.
The issue involves regarding the counting of the first day of production or also not for consideration. As noted above, the Hon’ble Apex Court in the case of Kapil Wadhwan made a reference to the larger bench and the same is still pending. At the same time, the Apex Court granted liberty to the courts in India to apply the law suitably.
The judge stated that “Thus by excluding the first day of remand, the prosecution rightly filed the chargesheet within the extended period, and thus these applicants are not entitled or acquired any indefeasible right of bail.”
