2001 (12) TMI 876 - SC - Indian Laws

Summary

Issues Involved:
Arrest of a lady in connection with counterfeit notes, interpretation of Section 167(2) of the Code of Criminal Procedure, application of the Maharashtra Control of Organised Crime Act, 1999 (MCOC Act) on bail provisions.

Interpretation of Section 167(2) of the Code of Criminal Procedure:
The respondent was arrested for various offences and sought bail as charge sheet was not filed within 90 days. The State argued that the 90-day period should start from the date when investigation under the MCOC Act began. The proviso to Section 167(2) limits detention to 90 days for certain offences. The State contended that the MCOC Act modified this provision, but failed to extend custody with proper reports.

Application of Maharashtra Control of Organised Crime Act, 1999 (MCOC Act):
The MCOC Act modified the application of Section 167(2) of the Code, extending the investigation period to 90 days. The State's argument that the investigation period should start from the MCOC Act approval date was rejected. The respondent was entitled to bail due to the investigating agency's failure to complete the investigation within 90 days from the initial remand.

Bail Provisions and Enforcement:
The Court dismissed the appeal, upholding the respondent's bail granted by the High Court. The bail bond executed by the respondent was to be enforced, and the prosecution retained the right to move for cancellation of bail. The judgment clarified the process for dealing with bail applications and the enforcement of bail bonds.

Separate Judgement:
No separate judgment was delivered by the judges.