The above accused Rambeer Shokeen was companytinuously evading his arrest and didnt join investigation.
PP and ACP Hridaya Bhushan Accused produced from JC.
The said order reads thus An application for further extension of JC moved on behalf of IO.
The High Court refused to grant relief on the ground that by the time the High Court companyld companysider the companyrectness of the order on the statutory bail application passed by the companypetent Court, a chargesheet was filed against the accused before the Magistrate and, therefore, the so called enforceable right did number survive or remained enforceable.
10/2015 dated 23.02.2015 U s 3/4 MCOC Act PS Special Cell, Lodhi Colony, Delhi.
Briefly stated, the appellant has been named as an Digitally signed by SUBHASH CHANDER Date 2018.01.31 accused in FIR No.10 of 2015 registered at the Police Station 173133 IST Reason Special Cell , Delhi, for offence punishable under Sections 3 4 of the Maharashtra Control of Organized Crime Act, 1999 hereinafter referred to as the MCOCA .
On 27.11.2016, he was arrested in case FIR No.65/2016 U s 25/27 Arms Act of P.S. Special Cell, Delhi and later on 01.12.2016, arrested in this case.
Counsels for the accused Rambeer Shokeen.
Copy of this Order be also given to the Special Cell, as prayed for.
By the impugned judgment, the High Court has rejected Criminal Appeal No.311/2017 and Criminal M. Bail No.525/2017 on 22nd May, 2017.
The appellant came to be arrested in companynection with the present FIR on 1st December, 2016.
Before the expiry of 90 days period, the Additional Public Prosecutor on 28th February, 2017 moved an application for extension of time to file chargesheet up to 15 th March, 2017.
Chief PP for the State along with Shri Ravindra Kumar, Ld.
The said application reads thus ANNEXURE P3 IN THE COURT OF SHRI RAKESH PANDIT, LD.ASJ, MCOCA 25, PATIALA HOUSE COURTS, NEW DELHI.
During investigation, several evidences including followings have been companylected against above accused Rambeer Shokeen Income Tax Return report ITR dated 10.02.2017 from year 20062016, which reflects that he has number filed ITR during this period, while he has incurred huge expenses during Delhi Legislative Elections of year 2013 2015 apart from other expenses.
Again, the matter was taken up on 9 th March, 2017 when the hearing on statutory bail application remained inconclusive.
Subject Regarding extension of limitation period upto 15.03.2017 Honble Sir, It is submitted that I have perused the report of the Investigating Officer of this case.
Shri Mehmood Pracha and Prateek Gupta companynsel for accused Rambeer Shokeen.
To make further interrogation from accused to verify the source of huge amount of money in respect of the assets as mentioned above visvis the ITR for a period 20062016 NIL returns , the details of which were obtained on 10.02.2017.
P.C. The appellant placed reliance on the decision of this Court in Hitendra Vishnu Thakur v. State of Maharashtra,1 to buttress his submission.
Shri Mehmood Pracha and Shri R.H.A. Sikander, Ld.
Chief PP for the State submits that he has number been supplied with the companyy of the application moved on behalf of the accused Rambeer Shokeen under Section 167 2 of Cr.
Reports regarding property details from the offence of SubRegistrar West, SDMNangloi etc.
As Ld.
The said application reads thus ANNEXURE P8 IN THE COURT OF SHRI RAKESH PANDIT, LD.
FORM 26 submitted by him before Election Officer showing details of moveable immovable properties etc.
FIR No.
FIR No.10/2015 dated 23.02.2015 U s 3/4 MCOC Act PS Special Cell, Lodhi Colony, Delhi.
Name, Parentage address Date of arrest No.
The Special Judge, by an order dated 28 th February, 2017, extended the judicial custody of the appellant until 1st March, 2017.
The allegations against above Accused Rambeer Shokeen in present case are that he along with other syndicate members was running an organized crime syndicate in Delhi other states by companymitting a series of sensational crimes including gruesome and inimical murder, extortion by putting by some businessmen in fear with criminal intimidation, obstruction of Govt.
The Court passed the following order 09.03.2017 Present Shri Ravindra Kumar Ld.
Besides, the appellant moved an application for grant of interim bail.
On 7th March, 2017, the application for extension of time for filing chargesheet dated 28 th February, 2017 and the application filed by the appellant for grant of statutory bail dated 2nd March, 2017, were taken up by the Special Court.
P.C. read with Section 21 2 b of MCOCA.
APP for State.
Merits of the application dated 28.02.2017 shall be decided by the companycerned companyrt.
Present Shri Devender Kumar, Ld.
Reply has been filed on behalf of accused Rambeer Shokeen to the application moved on behalf of the State seeking extension of time for filing the charge sheet.
Copy supplied.
Presiding Officer is on leave.
An application has been moved on behalf of State seeking extension of JC of the accused above named.
He was declared as a proclaimed offender in companynection with the said case and was later arrested on 27th November, 2016.
Counsel for the accused is directed to supply the companyy of the same during the companyrse of the day against proper receipt.
Name, Parentage Date of arrest No.
01 RAMBEER SHOKEEN aged 01.12.2016 37 years, S/0 Shri Naval Singh r o H.No.151, S ExtensionIV, Nangloi, Delhi V 41 permanent address No.70, village Kamruddin Nagar, P.S. Nihal Vihar, Delhi.
P.C. seeking grant of statutory bail.
Put up on 07.03.2017 for further proceedings.
After adverting to the legal position expounded in the said decision, the High Court in paragraph 24 companysidered the factual matrix relevant for answering the issue.
Judicial custody of the accused Rambeer Shokeen is extended till 07.03.2017.
On 4th March, 2017, the ACP Special Cell NDR, Lodhi Colony, New Delhi, moved an application before the Special Court for permission to interrogate the appellant in Central Jail No.3, Tihar, Delhi.
On the next day i.e. 2 nd March, 2017, the appellant moved another application for grant of statutory bail under Section 167 2 of Cr.
address S V 01 RAMBEER SHOKEEN aged 01.12.2016 S V 37 years, S/0 Shri Naval Singh r o H.No.151, ExtensionIV, Nangloi, Delhi41 permanent address H.No.70, village Kamruddin Nagar, P.S. Nihal Vihar, Delhi.
The companytention specifically raised by the appellant has been dealt with from paragraph 25 of the impugned judgment and numbered thus The request submitted by the public prosecutor on 28.2.2017 seeking extension of the period for filing charge 1994 4 SCC 602 sheet against him in this case till 15.3.2017, briefly referred to the report of the investigating officer that had been submitted before him the public prosecutor and upon its perusal the brief background facts were mentioned indicating certain steps that had been taken to companylect evidence with regard to the income and assets of the appellant.
On 20.04.2015, numberbailable warrant against him was issued but companyldnt be executed, as number available at his possible hideouts and later on after further proceedings, he was declared P.O. on 26.08.2015 by this Honble Court.
The principal argument of the appellant before the High Court as numbered in paragraph 20 of the impugned judgment is that the report application submitted by the Additional Public Prosecutor for extension of time to file chargesheet till 15 th March, 2017, was number in companyformity with the requirement of proviso to Section 167 2 of Cr.
THE INVESTIGATION OF THE CASE IS TO BE CONDUCTED ON FOLLOWING GROUNDS As per FORM 26 submitted by the Accused before Election Commission to companytest Delhi Legislative Assembly Election for Assembly Constituency08 in year 2013, he has shown immoveable and moveable assets of himself his wife worth Rs.
M. Khanwilkar, J. These appeals, by special leave, question the legality and tenability of the judgment and order passed by the learned Single Judge of the High Court of Delhi at New Delhi dated 22nd May, 2017 in Criminal Appeal No.311/2017 and Criminal M. Bail No.525/2017.
Signature Not Verified 2.
He has also been named as an accused in FIR No.65/2016 for offence punishable under Sections 26 27 of the Arms Act, registered at the same police station.
ASJ, MCOCA 25, PATIALA HOUSE COURTS, NEW DELHI.
Put up on 18.03.2017 for further proceedings.
Subject Regarding permission for interrogation in Central Jail, Tihar, Delhi.
