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Bombay High Court Holds Appeals Against Special Court Orders Outside Bench's Territorial Limits Lie Only to Principal Seat. Territorial Jurisdiction Determined by Location of Court, Not Place of Offence Under Chapter XXXI of Bombay High Court Appellate Side Rules, 1960.

The case involved a reference to a Larger Bench of the Bombay High Court at Aurangabad to determine the territorial jurisdiction for appeals against o...

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Bombay High Court Allows Discharge of Accused from MCOC Act Offences for Lack of Sanction and Prima Facie Case. The court held that the sanction under Section 23(1)(a) of MCOC Act was invalid and the allegations did not constitute 'organised crime' under Section 2(1)(e) of the Act.

The appellants, original accused nos.1 to 6 in MCOC Special Case No.5 of 2016 pending before the Special Judge (under the MCOC Act), Pune, filed an ap...

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Bombay High Court Allows Default Bail to Accused in MCOCA Case Due to Failure to File Charge Sheet Within 90 Days. Section 167(2) CrPC Entitles Accused to Indefeasible Right to Bail if Investigation Not Completed Within Statutory Period.

The appellants, nine individuals, were arrested in connection with Crime No. 179 of 2018 registered at Anandnagar Police Station, Osmanabad, for vario...

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High Court of Bombay Considers Appeal Against Rejection of Bail in Malegaon Bomb Blast Case. Accused Charged Under Unlawful Activities (Prevention) Act and Other Serious Offences Seeks Release Pending Trial.

The appeal arose from the rejection of a bail application by the Special Court under the Maharashtra Control of Organized Crime Act, 1999 and the Nati...

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Bombay High Court Considers Accused No.1's Bail Appeal in Malegaon Bombing Case Charging Conspiracy and Terror Offences. Appeal Questions Special Court's Rejection of Bail Application Pursuant to Supreme Court Direction to Exclude MCOC Act Provisions.

The judgment under consideration arises from a criminal appeal filed by Accused No.1 against the Special Court's order rejecting her bail application ...

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Bombay High Court Allows Appeals in MCOC Act Case Due to Lack of Sufficient Material and Non-Application of Mind in Granting Approval and Sanction. Appellants Discharged Under Section 227 CrPC as Material on Record Did Not Warrant Framing of Charge Under MCOC Act.

The present appeals were filed by Sachin Bansilal Ghaiwal and Umesh Mohan Kirve, who were accused Nos. 3 and 9 respectively in a case registered under...

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Bombay High Court Upholds Transfer of MCOC Case to Sessions Court for Lack of Jurisdiction — Offence Not Under MCOC Act. Special Court Correctly Found No Organized Crime Syndicate or Continuing Unlawful Activity Under Section 2(1)(e) and Section 3 of MCOC Act.

The case involves two appeals against an order dated 7th October 2011 passed by the Special Court under the Maharashtra Control of Organized Crime Act...

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Bombay High Court Quashes MCOCA Prosecution for Invalid Sanction — Lack of Application of Mind by Sanctioning Authority. Sanction under Section 23(2) of Maharashtra Control of Organised Crime Act, 1999 must reflect due consideration of material; mechanical grant vitiates prosecution.

The Bombay High Court disposed of four criminal writ petitions filed by Pradip Madgaonkar @ Bandya Mama, Vinod G. Asrani, and Jayant Rajaram Mule, cha...

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Bombay High Court Allows State Appeal Against Discharge Under MCOC Act — Prima Facie Material Found Sufficient for Trial. The Court held that the Special Judge erred in allowing transfer under Section 11 MCOC Act without considering the prima facie material indicating organized crime.

The State of Maharashtra appealed against the judgment and order dated 2nd September 2002 passed by the learned Special Judge, MCOC Act, Nashik in MCO...