SAMBHAJI HARIBHAU KUDALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Advocate for the Applicant and the learned A. P. P. for State. The applicant is an accused in an offence registered under Section s 3 (1), (i), (ii) as well as Section 4 of the Maharashtra Control of Organised Crimes Act,1999 (hereinafter referred to as the said Act of 1999 ).

(2.) The main submission made by the learned Counsel for the Applicant is that when the Court considers the question of granting temporary bail in extraordinary circumstances, stringent requirements of Sub-Section 4 of section21 of the said Act of 1999 will not apply. His submission is that the decision of the learned Single Judge reported in (Anil Umrao Gote Vs. State of Maharashtra, 2005 AllMR(Cri) 350) needs reconsideration.

(3.) Before I deal with the submissions made by the learned Counsel for the Applicant, it will be necessary to refer to the order dated-4th August, 2005 passed by this Court. Under the said order, the Applicant was permitted to attend to obsequies under a police escort. In view of the said order, now the requirement of releasing the Applicant on temporary bail does not subsist. However, I have dealt with the submissions advanced by the learned Counsel for the Applicant.