1 909-ba-652-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY srj CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.652 OF 2011 Chandraprakash P. Dhuria & Others .. Applicants. V/s. The State of Maharashtra .. Respondent. Mr. Amin Solkar with Mr. Husen A.R.Shaikh i/b. Mr. Santosh Deshpande, for the Applicants Ms. Alpa T. Javeri, APP for the State. CORAM : R.C.CHAVAN, J. DATE : 4th MAY, 2011. P.C.: 1 This is an application for bail for default by a person against whom the subsequent charge has been filed under MCOC Act. On 28th February, 2011 a fresh charge sheet has been filed under the provisions of MCOC Act. Applicant is arrested initially on 18th October, 2010 and charge sheet was filed on 27th August, 2010 for the offence punishable under section 397 of Penal Code. Charges has been framed and thereafter MCOC Act was invoked. Subsequently, formal arrest was shown and supplementary charge sheet has been filed. 2 909-ba-652-11.sxw 2 The learned counsel for the Applicant relied on the judgment of the Supreme Court in the matter of State of Maharashtra v/s. Mrs. Bharati Chandmal Varma alias Ayesha Khan, reported in 2002 CRI. L.J. 575 to contend that she is entitled to bail by default on view of provisions of section 167 (2) of Criminal Penal Code by computing period of detention from the date of arrest and not from the date of subsequent arrest for the same offences. There can be no doubt about the proposition. But the record shows that after the investigation, charge sheet was already filed. It cannot be said that the investigation in respect of the applicant was not completed within the prescribed period under Section 167 of Cr. P.C. to enable the applicant to enable the applicant to seek bail by default. Charge sheet under MCOC Act is only a supplementary charge sheet. 4 Application is therefore rejected. (R.C.CHAVAN, J.)