Mayur Babusaheb Naik vs The State Of Maharashtra
2021 Latest Caselaw 9719 Bom

                                      1                        21-CriAl-287-21.odt




            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD


                      CRIMINAL APPEAL NO. 287 OF 2021

                      VISHWAJIT RAMESH KASAR
                               VERSUS
                    THE STATE OF MAHARASHTRA
                                   ...
               Advocate for Appellant : Mr. Rahul R. Karpe
              APP for Respondent-State : Mr. M.M. Nerlikar
                                    ...
            WITH APPEAL/286/2021 WITH APPEAL/301/2021
                                   ..

                                          CORAM :    V. K. JADHAV AND
                                                     S. G. DIGE, JJ.

                                          DATE :    26th JULY, 2021

PER COURT :-

We have heard learned counsel for the appellant for sometime.

2. In terms of Section 12 of the Maharashtra Control of Organised

Crime Act, 1999 (for short, "MCOCA"), an appeal is provided from any

Judgment, sentence or order, not being an interlocutory order, of a

Special Court to the High Court.

3. In the instant case, the Appeal has been preferred against the

order of extension of time granted by the Special Court for submitting

charge-sheet. Though, the learned counsel for the appellant has

2 21-CriAl-287-21.odt

vehemently submitted that if the order of granting extension of time

for filing the charge-sheet goes, then the application filed by the

appellant seeking default bail can be entertained and allowed;

However, we are not concerned with consequences after the order of

granting extension of time is set aside. We are concerned with as to

whether an Appeal as provided under Section 12 of the MCOCA can lie

against the order of granting extension of time in filing the charge-

sheet by the Special Court, which appears to be an interlocutory order.

4. Thus, by keeping the point of maintainability of this Appeal

open, issue notice to the respondent. Learned APP waives service of

notice for respondent - State.

5. Stand over to 09-08-2021.

       ( S. G. DIGE )                        ( V. K. JADHAV )
           JUDGE                                   JUDGE



mtk