STATE OF MAHARASHTRA Vs. JAYSINGH WADHU SINGH

JUDGEMENT

(1.) Heard the learned Counsel on both sides.

(2.) By this Appeal the State of Maharashtra seeks leave to Appeal against the order passed by the learned Special Judge, Greater Bombay, under the Maharashtra Control of Organised Crimes Act 1999 (hereinafter referred to as the "MCOC Act"), acquitting the accused-respondent of the offences punishable under Sections 3(2) read with Section 2(b) (a) of the MCOC Act read with Section 120-B and 109 of the Indian Penal Code, Section 120-B read with 387 of the Indian Penal Code, Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, Section 3(5) of the MCOC Act read with Section 120-B of the Indian Penal Code and Section 24 of the MCOC Act.

(3.) The basis allegation against the accused, who was then a sitting Judge of the City Civil and Sessions Court, Mumbai, that he with the help of the underworld don, had attempted to recover the chit-fund money, to the tune of Rs. 35 lacs to Rs. 40 lacs from one person and evidence in that connection was the three intercepted telegraphic conversations, one between the accused and a lawyer, the second between the accused and the underworld don and the third one between three parties, the accused, the underworld don and the advocate. It was also alleged by the prosecution that for getting these services from the underworld don, namely, the recovery of the money, the accused had promised to help the underworld don by releasing the accused persons on bail.