SIDDHANT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal challenges the order passed by the learned Single Judge of the High Court of Judicature at Bombay in Criminal Appeal No.298 of 2024, vide which the appeal filed by the appellant herein challenging the order passed by the Additional Special Judge (M.C.O.C. Act), Pune (hereinafter referred to as 'Special Judge'), rejecting the application for bail filed by the appellant.

(3.) Shri Anand Dilip Landge, learned counsel appearing for the appellant submits that the learned Single Judge of the High Court as well as the learned Special Judge have grossly erred in rejecting the application filed by the appellant. It is submitted that relying solely on one criminal antecedent, the provisions of Maharashtra Control of Organised Crime Act, 1999 (for short, 'the said Act') have been invoked against the appellant herein. Relying on certain photographs, the learned counsel for the appellant submits that the appellant was not present at the place of the incident, inasmuch as he was 26 kms., away from the place where the incident occurred. The learned counsel for the appellant further submits that when the appellant was arrested, he was 21 years of age and after approximately five years of incarceration, he is now 26 years of age. He, therefore, submits that the present appeal deserves to be allowed and the appellant deserves to be enlarged on bail.