SAMBHAJI HARIBHAU KUDALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) MR .Shirish Gupte, Senior Counsel with Mr.Sudhir Halli for the applicant. Mr.H.J.Dedhia, A.P.P. for the State.

(2.) THE applicant is concerned in C.R. No.70 of 2004 of Loni Kalbhor Police Station and is facing prosecution under Section 3(1)(4) of the MCOC Act, 1999 (hereinafter referred to as the said "Act").

(3.) LEARNED Senior Counsel Mr.Gupte took me through the relevant Sections for which the applicant stands prosecuted for the various cases as mentioned aforesaid and tried to point out that sofar as Part "A" is concerned, the applicant is prosecuted for two cases. In C.R.No.81 of 1991, the maximum punishment which can be imposed upon the applicant is 3 years. In C.R.No.90 of 2004 the punishment would be death or life imprisonment as charge is under Sec.302 of I.P.C. Insofar as Chapter Part "B" is concerned, the maximum punishment which can be imposed upon the applicant for the offence punishable under Sections 447 and 427 is two years.