RANJITSING BRAHMAJEESING SHARMA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mr. Manohar, learned Senior counsel, for the applicant and Mr. Chari, learned senior Counsel, for respondent no. 2-CBI and Mr. V. B. Konde-Deshmukh, learned Addl. Public Prosecutor for respondent no. 1-State.

(2.) THIS application raises several questions of law and some of them pose vary serious questions of far reaching consequences. It is filed by the applicant under sections 439 and 482 of the Code of Criminal Procedure for being released on bail in C. R. No 135 of 2002 registered at Bond Garden Police Station under the various provisions of Indian Penal Code and sections 3 (2) (5) with particular reference to section 2 (1) (a) and (b) and section 24 of Maharashtra control of Organised Crime Act, 1999 (for short, "mcoca" ). His application seeking bail under section 21 (4) (b) of MCOCA was rejected by the learned Special Judge (Under MCOCA), Pune, by order dated 19. 1. 2004.

(3.) THE crime was initially registered by bund Garden Police Station for offences under section 120-B, 255, 249, 260, 263a (b), 478, 472 and 474 read with action 34 of IPC against the three accused who came to be arrested on 7. 6. 2002. As the investigation progressed, the investigating agencies kept on adding several persons as accused, consisting of Politicians, Government Officials, i. P. S. Officers, Police Officers etc, and, as of today, about 65 accused have been shown arrested in c. R. No. 135/02, The applicant, former Commissioner of Police, Mumbai, is arrayed as Accused no. 60 in the said crime. The provisions of MCOCA were invoked by the investigating agency on 3. 9. 2002. The applicant came to be arrested on 1. 12. 2003. He was in police custody until 6. 12. 2003.