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Detention of person under MCOCA should end once sanction to prosecute is denied: Bombay High Court

The accused in the case were arrested by the Mumbai police in September 2023 for conspired robbery.

On November 28, 2023, before the expiry of 90-day statutory period, police sought extension of time to file its chargesheet and the special court under MCOCA allowed the same and time was extended till December 18, 2023.

On December 12, 2023, the investigating agency moved for sanction to prosecute but it was rejected by competent authority. The matter was then sent back to the judicial magistrate from the special court.

On December 13, 2023, the accused move for default bail before Magistrate but the chargesheet was filed the following day. The application by the accused for default bail was, therefore, rejected by the Magistrate court.

Source: Barandbench

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