In a significant ruling, the Nagpur Bench of the Bombay High Court has allowed the appeal of three men accused in a high-profile Chandrapur murder case, granting them statutory bail after holding that the Special Judge had illegally extended time for filing the charge-sheet under the Maharashtra Control of Organised Crime Act (MCOCA).
The Division Bench comprising Justice Anil L. Pansare and Justice M. M. Nerlikar delivered the judgment on 25 August 2025, setting aside earlier orders that had denied the accused their right to default bail.
Background of the Case
The case relates to the killing of one Haji in August 2024 at Chandrapur, allegedly carried out by a group armed with guns and knives. Several accused were arrested, including the present appellants – Mohsin Nasir Sheikh, Abhijit @ Pawan Moreshwar Katare, and Sheikh Nasif Sheikh Rashid. They were booked under the Bhartiya Nyaya Sanhita, the Indian Arms Act, MCOCA, and the Maharashtra Police Act.
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As per law, the charge-sheet must be filed within 90 days. However, the prosecution sought multiple extensions citing ongoing investigation. Between November 2024 and January 2025, five applications were filed seeking more time, and the trial court granted successive extensions, thereby rejecting the accused’s plea for statutory bail under Section 187(2)(i) of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
High Court’s Findings
The High Court examined whether the prosecution had followed the strict conditions under Section 21(2)(b) of MCOCA, which requires the Public Prosecutor’s report to indicate progress of investigation and give specific reasons for continued detention.
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The Bench observed that the applications filed by the Additional Public Prosecutor in Chandrapur were merely translations of reports prepared by the police in Marathi. The judges noted that there was “no independent application of mind” by the prosecutor and the trial court had “mechanically extended” time without examining progress of investigation.
Quoting the Supreme Court’s earlier view in Hitendra Vishnu Thakur vs State of Maharashtra, the Bench reiterated that “a Public Prosecutor is not a post office of the investigating agency but has an independent statutory duty to apply his mind.”
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The judges emphasised that the accused’s right to default bail under Article 21 of the Constitution could not be taken away through casual extensions.
“The appellants had already availed their indefeasible right to seek statutory bail. Once the extension orders are set aside, their right automatically revives,” the court noted.
Accordingly, the Bench quashed the Special Judge’s extension orders dated 7 December 2024, 4 January 2025, and 18 January 2025, as well as the rejection of the bail pleas.
Case Title: Mohsin Nasir Sheikh & Ors. vs. State of Maharashtra through Police Station Officer, Ramnagar, Chandrapur
Case Number: Criminal Appeal No. 23/2025
