STATE Vs. BRAHIM TYAGI

JUDGEMENT

(1.) The State has filed these appeals under Sec. 12 of The Maharashtra Control of Organised Crime Act, 1999 (hereinafter referred to 'MCOCA') read with Sec. 482 Cr.P.C. against the impugned order dtd. 25/11/2020 passed by learned Special Judge (MCOCA)-cum-ASJ. Since broad facts in both the cases are same and the appeals are also on the same lines, so both the matters have been taken up together for disposal.

(2.) Notice was issued. Response has been filed on behalf of the respondents. On behalf of the respondents, it has been submitted that the order dtd. 20/7/2020, wherein anticipatory bail was granted to Mustafa Tyagi was not being challenged by the investigating agency. The present respondents applied for anticipatory bails which were granted by the impugned orders on the ground that the roles assigned to the present petitioners are identical to Mustafa Tyagi. The investigating agency never applied for issuance of NBWs against the present respondents and they were never called upon to join investigation and that was the reason why respondents approached the Court with a prayer to join investigation as they were always willing, ready and available for joining the investigation.

(3.) Written synopsis have been filed on behalf of the State as well as on behalf of respondents.