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High Court

Bombay High Court Grants Bail to Accused No.2 in MCOC Act Case Due to Lack of Predicate Offences and Long Incarceration. Dichotomy in Complainant's Statements and Non-Recovery of Weapon Weaken Prosecution Case.

16 Dec 2024

The applicant, Gopal Radheshyam Yadav, arraigned as Accused No.2 in Crime No.I-131 of 2018 registered at Tilak Nagar Police Station, Dombivli, sought ...

High Court

Bombay High Court Grants Default Bail to Accused in MCOCA Case Due to Refusal of Sanction and Filing of Charge-Sheet After Expiry of Investigation Period. The court held that the right to default bail under Section 167(2) CrPC is indefeasible and not defeated by subsequent filing of charge-sheet if the accused has already availed the right.

26 Mar 2024

The applicants, Dinesh Ganesh Indre and others, were arrested in connection with CR No. 497 of 2023 registered at Malad Police Station for offences un...

High Court

Bombay High Court Acquits Accused in Gang Rape and Robbery Case Due to Lack of Credible Evidence. Conviction under Section 376(2)(g) IPC and MCOC Act set aside as prosecution failed to prove gang rape and organized crime.

4 Dec 2023

The judgment pertains to appeals filed by convicts challenging their conviction for offences under Sections 392, 394, 366, 341, 354 and 376(2)(g) read...

High Court

Bombay High Court Grants Default Bail to Accused in MCOCA Case Due to Non-Filing of Charge Sheet Within 90 Days. The court held that the right to default bail under Section 167(2) Cr.P.C. is not defeated by subsequent inclusion of MCOCA offences after the expiry of the statutory period.

21 Feb 2022

The appellants were arrested on 31.05.2021 in connection with Crime No.509/2021 for offences under Sections 302, 201, 120-B, 364, 212 read with Sectio...

High Court

Bombay High Court Quashes MCOCA Approval Against Accused in Murder Case — Lack of Material to Show Organized Crime Syndicate. Approval under Section 23(1)(a) of MCOC Act set aside as the FIR and investigation did not disclose the existence of an organized crime syndicate or continuing unlawful activity as defined under the Act.

12 Aug 2021

The petitioner, Balasaheb Barku Kolhe, challenged an order dated 6th May 2021 passed by the Commissioner of Police, Nashik City, granting approval und...

High Court

Bombay High Court Allows Application Under Section 482 CrPC Challenging Cancellation of Bail in MCOCA Case — Cancellation of Bail Set Aside as Prosecution Failed to Show Misuse of Liberty or Violation of Conditions. The court held that cancellation of bail requires strong grounds and mere filing of an application is not sufficient, even under the stringent provisions of MCOCA.

12 Sep 2017

The applicant, Vijendra Molchand Kuril, was arrested in Crime No.83 of 2015 registered at Akot File Police Station, Akola for offences punishable unde...

High Court

Bombay High Court Grants Bail to Accused in MCOC Act Kidnapping and Extortion Case — Prima Facie Case Not Made Out Under Section 3 of MCOC Act. Single Incident of Kidnapping Does Not Constitute Continuing Unlawful Activity by an Organised Crime Syndicate Under Section 2(1)(d) and (e) of MCOC Act.

4 Apr 2017

The judgment pertains to two bail applications filed by Raju Bhadre and Rahul Dubey, who were arrested in connection with Crime No. 468/2015 registere...

High Court

Bombay High Court Grants Default Bail to Accused in MCOC Case for Failure to File Charge Sheet Within 90 Days. Right to Default Bail Under Section 167(2) CrPC is Indefeasible and Cannot Be Defeated by Subsequent Filing of Charge Sheet.

5 May 2016

The petitioners were arrested in connection with Crime No.172/2015 registered at Police Station Ajni, Nagpur for offences under Sections 307, 143, 144...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Discharge in MCOCA Case — Prior Approval and Sanction Found Valid. Court upholds framing of charges under MCOC Act against appellant for murder and organized crime, rejecting challenge to procedural compliance under Sections 23(1)(a) and 23(2) of the Maharashtra Control of Organized Crime Act, 1999.

25 Mar 2014

The appellant, Farman Imran Shah @ Karu, filed an appeal under Section 12 of the Maharashtra Control of Organized Crime Act, 1999 (MCOC Act) challengi...

High Court

Bombay High Court Acquits Accused in Murder Case Due to Inconsistent Evidence and Lack of Motive. Conviction under Section 302 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt.

8 Dec 2006

The case involves two criminal appeals filed by the appellants against their conviction under Section 302 of the Indian Penal Code, 1860 (IPC) for mur...

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