JAYSINGH WADHU SINGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an application made for bail by the applicant who is being prosecuted under the provisions of Maharashtra Control of Organised Crime Act, 1999 and Sections 109, 120-B and 387 of IPC and under Section 13(1)(d) of the Prevention of Corruption Act.

(2.) THE FIR in the present case was lodged on 1/11/1999 under the provisions of IPC and thereafter the provisions of M.C.O.C. Act came to be applied on 18/11/1199. The main basis of the prosecution is the transcript of the interception of the residential and mobile telephone number of one advocate Liyakatali Shaikh who came to be shot dead on 17/11/1998. The applicant was the Sessions Judge in Greater Bombay who is alleged to have link with the under-world whose voice has been intercepted on telephones of the above advocate Liyakat Shaikh. Pursuant to the aforesaid interception the applicant was suspended from his services from 29/4/1999 and ultimately his services were terminated from 19th September 2000. The offence was registered under C.R. No.298 of 1999.

(3.) THEREAFTER the applicant filed Criminal Writ Petition. No.1301 of 2000 in this Court on 4/9/2000 in which rule was granted on 6/9/2000. Pending the said writ petition charges were framed by the learned Special Judge on 15/9/2000 a copy of which is annexed as Exhibit "B" to this Petition. The said writ petition was filed, inter alia, for quashing the criminal proceedings and for release of the applicant on bail which came to be rejected by the Division Bench of this Court on 15/11/2000. Within a short time thereafter the present application for bail came to be filed in this Court on 5th December 2000.