STATE OF MAHARASHTRA Vs. PRAGYASINH CHANDRAPALSINH THAKUR

JUDGEMENT

(1.) In MCOC Special Case No.l of 2009, 11 accused are facing trail. Accused Nos. 6, 7 and 9 filed bail applications i.e. Bail Application Nos.40, 41 and 42 of 2008 respectively, for being released on bail and while deciding these applications, the learned Special Judge by his order dated 31/7/2009 was pleased to discharge all the accused under the provisions of Section 227 of Cr.P.C. from the offences punishable under Sections 3(l)(i), 3(l)(ii), 3(2), 3(4) and 3(5) of the Maharashtra Control of Organized Crime Act, 1999 (for short the MCOC Act) and consequently the case came to be transferred in exercise of the powers under Section 11 of the said Act to the regular court having jurisdiction under Cr.P.C. for trial of the offences punishable under Sections 302, 307, 326, 324, 427, 153-A, 120-B of IPC read with sections 25(1) and 25(3) of the Arms Act read with Sections 3,4, 5,6 of Explosive Substance Act read with Sections 15, 16, 17, 18, 20 and 23 of Unlawful Activities (Prevention) Act, 1967 (Amended) 2004. The bail applications came to be rejected. The order of prior approval under Section 23(l)(a) of the MCOC Act passed on 20/11/2008 by the Deputy Inspector General of Police and ATS, Mumbai in C.R. No. 18 of 2008 and the sanction given by the Additional Director General of Police, Railways, Mumbai on 15/1/2009 under Section 23(2) of the said Act came to be quashed and set aside by a separate order passed below Exh.l on the same day i.e. 31/7/2009.

(2.) Criminal Appeal No.866 of 2009 has been filed by the State of Maharashtra against the order dated 31/7/2009 passed below Exh. 1 by the learned Special Judge holding that the charges for the offences under the MCOC Act against the accused in C.R. No. 18 of 2008 registered with the ATS Mumbai do not survive and the accused came to be discharged for the offences under the said Act in MCOC Special Case No.l of 2009. Criminal Appeal No.867 of 2009 has been filed by the State against accused no.9 - Lt. Colonel Prasad Shrikant Purohit, who has been discharged from the charges punishable under the MCOC Act while rejecting his Bail Application No.42 of 2008 as per the order dated 31/7/2009. Criminal Appeal No. 868 of 2009 has been filed against accused no.7 - Rakesh Dattatray Dhawade, who has also been discharged from the offences punishable under the MCOC Act while rejecting his Bail Application No.40 of 2008 as per the order dated 31/7/2009. Criminal Appeal No. 869 of 2009 has been filed by the State against accused no.6 - Ajay Eknath Rahirkar who was discharged from the offences punishable under the MCOC Act while rejecting his Bail Application No.41 of 2008 as per the order dated 31/7/2009.

(3.) The operative part of the order passed below Exh.l on 31/7/2009 by the Special Court reads as under: