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High Court

Bombay High Court Quashes Prior Approval Under MCOC Act Against Mother of Accused for Lack of Continuing Unlawful Activity — Pre-Arrest Bail Granted Despite Section 21(3) Embargo. The court held that a single act of purchasing a car after the crime does not constitute 'continuing unlawful activity' under Section 2(1)(d) of MCOC Act, and Section 21(3) does not bar constitutional remedy under Article 226.

28 Jun 2024

The petitioner, a woman, challenged the prior approval granted under Section 23(1)(a) of the Maharashtra Control of Organised Crime Act, 1999 (MCOC Ac...

High Court

Bombay High Court Quashes Extension Order in MCOCA Case for Non-Compliance with Section 21(2)(b) — Default Bail Granted. Extension granted on application of Investigating Officer instead of Public Prosecutor's report, and without hearing accused, held illegal.

8 Dec 2023

The appellants were arrested in Crime No. 242/2023 by Wardha City Police for offences under Sections 307, 143, 147, 149 of the Indian Penal Code, Sect...

High Court

Bombay High Court Partially Allows Discharge Appeal in NIA Case — Appellant Discharged from MCOC and UAPA Offences but Retained for Murder and Explosives Charges. The court held that a prima facie case exists for offences under Sections 302/307 IPC and Explosives Act, but not for organised crime or terrorist activities.

2 Jan 2023

The appellant, Lt. Col. Prasad Purohit, original accused No.9, filed an appeal under Section 21(1) of the National Investigation Agency Act, 2008, cha...

Supreme Court

Supreme Court Dismisses State Appeal in Gujarat Control of Terrorism and Organised Crime Act Case — Continuing Unlawful Activity Requires Post-Promulgation Offence. The Court held that the prosecution must prove that the accused committed an organised crime after the Act came into force, and mere prior charge-sheets are insufficient to invoke the Act.

15 Dec 2022

The State of Gujarat appealed against the High Court's order granting bail to the respondent-accused, Sandip Omprakash Gupta, who was charged under Se...

High Court

Bombay High Court Partly Allows Appeal of 12 Convicts under MCOC Act for Dacoity and Rape — Sentences Reduced. The court upheld the conviction under Sections 3(1)(ii) and 3(4) of the Maharashtra Control of Organized Crime Act, 1999 but reduced the sentences considering the period of incarceration.

3 Aug 2021

The case involves an appeal by 12 appellants against their conviction under the Maharashtra Control of Organized Crime Act, 1999 (MCOC Act). The appel...

High Court

Bombay High Court Allows Emergency Parole to Life Convict in MCOCA Case Due to COVID-19 Pandemic Despite Non-Payment of Fine. Non-payment of fine cannot be a ground to deny emergency parole when the convict has completed the requisite actual sentence and the purpose of parole is to decongest prisons during pandemic.

15 Sep 2020

The petitioner, Santosh Manohar Deshmukh, was convicted under the Maharashtra Control of Organised Crime Act, 1999 (MCOCA) on October 20, 2005 and sen...

High Court

Bombay High Court Grants Bail to MCOCA Accused Due to Lack of Evidence of Membership in Organized Crime Syndicate. Single Incident of Assault Not Sufficient to Attract Section 3(4) of Maharashtra Control of Organised Crime Act, 1999.

7 Jul 2016

The applicant, Dinesh Bhondulal Baisware, filed a criminal application for bail under the Maharashtra Control of Organised Crime Act, 1999 (MCOCA). Th...

High Court

Bombay High Court Grants Bail to MCOCA Accused in Ahmedabad Bomb Blasts Case Due to Parity with Co-Accused and Long Incarceration Without Trial. Parity with co-accused who were granted bail and prolonged detention without trial justified bail under MCOCA.

23 Jul 2014

The applicant, Yasir Sayyed Anis Sayyed @ Hujefa, was accused no.13 in MCOC Special Case No.4 of 2009 pending before the Special Court under the MCOC ...

High Court

Bombay High Court Grants Bail to Accused in MCOCA Case Due to Parity with Co-Accused and Delay in Trial. Applicant, in custody since 2008, granted bail as trial not commenced and case similar to co-accused who was already bailed.

4 Dec 2012

The applicant, Afroz Firoz Mujawar @ Dastagir, was accused No. 19 in MCOC Act Special Case No. 4 of 2009 pending before the Special Court under the MC...

High Court

Bombay High Court Allows Municipal Corporation's Appeals in Encroachment Dispute, Holding Civil Court Lacks Jurisdiction. Shopkeepers' Suits for Declaration of Title and Injunction Dismissed as Property Vested in Corporation Under Bombay Municipal Corporation Act, 1888.

30 Nov -0001

The Municipal Corporation of Greater Mumbai and its Assistant Municipal Commissioner filed appeals against an interim order passed by the City Civil C...

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