LAWS(BOM)-2014-7-46

SACHIN BANSILAL GHAIWAL Vs. STATE OF MAHARASHTRA

Decided On July 16, 2014
Sachin Bansilal Ghaiwal Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The present Appeals have been filed by the Appellants, who are as per the final report submitted by the police before the Special Court under the MCOC Act, Pune, accused Nos.3 and 9 respectively. These Appeals have been preferred by the Appellants under Section 12 of the Maharashtra Control of Organised Crime Act 1999 ('MCOC Act' for brevity) challenging the order dated 10th February 2013 passed below Exhibit 192 and the order dated 18th February 2013 passed below Exhibit 204 respectively in MCOC Special Case No.3 of 2010 thereby rejecting the applications preferred by the Appellants under Section 227 of the Criminal Procedure Code, for their discharge from the case. The Appellants have questioned the correctness of the said orders dated 10th February 2013 and 18th February 2013 passed below Exhibits 192 and 204 respectively.

(2.) Both these Appeals are decided by this common judgment as they are arising out of the same crime number, have similar set of witnesses /facts and also involve common questions of law. For the sake of brevity in the matter, the compilation of documents which has been preferred by original accused No.9 Umesh Kirve along with the final report filed in Criminal Appeal 1115 of 2013 has been referred to hereinafter with reference to the page numbers thereto.

(3.) The Appellant Sachin Ghaiwal in Criminal Appeal No.25 of 2014 has challenged the application of the provisions of the MCOC Act qua him to C.R. No.82 of 2010 whereas the Appellant Umesh Kirve in Criminal Appeal No.1115 of 2013 has sought for complete discharge from the crime or in the alternate discharge from the provisions of the MCOC Act.