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High Court

Bombay High Court Grants Habeas Corpus, Orders Release of Detainee Held Beyond Bail Order in MCOC Case. Petitioner's continued detention after being produced pursuant to production warrant and not being remanded was illegal as his earlier bail remained uncancelled.

8 Sep 2023

The petitioner, Amar Shamrao Kolekar, was arrested on 17 September 2012 in connection with CR No. I-347/2012 for offences under Section 394 read with ...

High Court

Bombay High Court Sets Aside Non-Speaking Discharge Rejection Order in MCOC Case — Directs Reconsideration of Discharge Application on Merits. The court held that a discharge application under Section 227 CrPC must be decided by a reasoned order and that framing charge immediately after rejecting discharge without opportunity to challenge renders Section 227 otiose.

28 Aug 2023

The appellant, Arun Namdeo Ghorpade, filed a criminal appeal before the Bombay High Court challenging the order dated 8th June 2022 passed by the lear...

High Court

Bombay High Court Allows Appeal in MCOC Case Due to Invalid Extension Orders — Default Bail Granted. Extension of investigation period under Section 21(2)(b) of MCOC Act set aside for lack of Public Prosecutor's independent report and mechanical grant.

6 Jun 2023

The appellant, Darshan Subhash Nandagawali, was an accused in Crime No.357/2022 registered at Police Station Civil Lines, Akola, for offences under Se...

High Court

Bombay High Court Grants Default Bail to Accused in MCOCA Case for Non-Filing of Chargesheet Within 90 Days. Section 167(2) CrPC Default Bail Entitlement Not Extinguished by Subsequent Filing of Chargesheet After Application.

23 Dec 2022

The petitioners, seven individuals arrested in connection with Crime No.47/2022 for offences under Sections 302, 307, 324, 143, 147, 148 read with Sec...

High Court

Bombay High Court Upholds Conviction for Kidnapping for Ransom Under Section 364-A IPC, Acquits Under MCOC Act for Lack of Evidence of Organized Crime. Appellants convicted for kidnapping victim Mohan Gunjal for ransom, sentenced to life imprisonment; State's appeal against acquittal under MCOC Act dismissed as prosecution failed to prove organized crime syndicate.

5 Feb 2020

The judgment arises from two appeals: Criminal Appeal No. 171 of 2012 filed by Dilip Kishor Bawiskar and Rakesh Gorakhraj Rajput (convicted accused) c...

High Court

Bombay High Court Dismisses State's Appeal Seeking Police Custody Remand in MCOCA Case — Special Judge's Order Not Perverse. Court holds that police custody cannot be granted after accused is already in judicial custody without new grounds, and that the State failed to show sufficient evidence under Section 3(3) of MCOC Act, 1999.

10 Jan 2017

The State of Maharashtra filed an appeal against the order dated 6th December 2016 passed by the learned Special Judge under the Maharashtra Control o...

High Court

Bombay High Court Acquits Accused in MCOCA Kidnapping Case Due to Lack of Evidence of Demand for Ransom. Conviction under Section 364A IPC and MCOCA set aside as prosecution failed to prove that the victim was kidnapped for ransom.

6 May 2016

The appellants, original accused nos. 1 to 4, were convicted by the Special Judge under MCOC Case No. 15 of 2005 for offences under Section 364A, 365,...

High Court

Bombay High Court Upholds Conviction of Accused No.6 Under MCOC Act for Organized Crime, Dismisses State Appeal Against Acquittal of Other Accused. Court holds that conviction under Section 3(1)(i) and 3(4) of MCOC Act requires proof of organized crime syndicate and unlawful activity, and acquittal of other accused does not affect conviction of one accused if evidence is sufficient.

17 Jan 2014

The judgment pertains to two connected criminal appeals arising from MCOC Special Case No. 3 of 2002. Criminal Appeal No. 97 of 2005 was filed by Arpa...

High Court

Bombay High Court Upholds Conviction Under MCOC Act for Demanding Protection Money as Organised Crime. Demand of Khandani by Gang Member Constitutes Organised Crime Under Sections 3(1)(ii) and 3(4) of Maharashtra Control of Organised Crimes Act, 1999.

27 Feb 2006

The appellant, Bhaya alias Raju s/o Shankar Rajput, was convicted by the Special Court under the Maharashtra Control of Organised Crimes Act (MCOC Act...

High Court

Bombay High Court Quashes Non-Bailable Warrant Against Accused in MCOCA Case for Lack of Jurisdiction — Warrant Issued Without Proper Application of Mind and Without Considering That Accused Was Not Absconding. The Court held that issuance of warrant under Section 70 CrPC requires satisfaction that accused is absconding or will not obey summons, and the Special Court under MCOC Act cannot issue warrant mechanically.

22 Feb 2005

The petitioner, Prakash Rasiklal Dhariwal, filed a Criminal Writ Petition challenging the non-bailable warrant issued against his father, Rasiklal Dha...

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