The Special Court by invoking Section 11 of the MCOCA directed the case to be tried by the regular Court.
On 13.11.2008, supplementary charge sheet 2 was filed against the appellant in Crl.
01 of 2009 for being decided on merits by Special Judge himself.
Criminal Appeal No.1971 of 2010 is preferred by one Rakesh Dattaray Dhawade challenging the order dated 19.07.2010 passed by the Division Bench of the Bombay High Court in Criminal Appeal No.868 of 2009.
By the said order the learned Judge allowed the Criminal Application No.556 of 2011 filed by Ajay Ekanath Rahirkar by granting him bail by imposing certain companyditions.
By the said judgment, the Division Bench set aside the order of the Special Judge dated 31.07.2009 in Special Case No.1/2009.
By the said order the Division Bench reversed the order of the Special Judge dated 31.7.2009 passed in Special Case No.1 of 2009 wherein he held that the charges against the accused in C.R.No.18 of 2008 registered with Anti Terrorist Squad, Mumbai hereinafter referred to as ATS under the MCOCA do number survive and were discharged from the case.
The appeal arising out of SLP Crl.
Thereafter by order dated 1.4.2011 of the Ministry of Home Affairs, Government of India, investigation was transferred to NIA and an FIR was registered as Crime No.5/2011 by police station NIA on 13.4.2011.
Thereafter, on 20.11.2008, charge sheet in Malegaon Blast Case was filed by ATS against the appellants herein under the MCOCA.
The appellant in Criminal Appeal No.1971 of 2010 was one of the respondents in Criminal Appeal No.868 of 2009 which was disposed of by the Division Bench of the Bombay High Court by its order dated 19.07.2010 along with the companynected appeals preferred by the State of Maharashtra through ATS which is the prosecuting agency in respect of the Special Case No.1 of 2009 on the file of the Special Judge under MCOCA.
Application No.98/2011 dated 19.07.2011.
In Jalna case, two supplementary charge sheets were filed on 7.1.2008 against four additional accused and against five accused on 14.1.2008.
In fact, the said case was originally investigated by ATS and final report was submitted on 30.01.2009 and supplementary charge sheet vide MCOCA No.8/2011 was filed on 21.4.2011.
The said appellant was also aggrieved by the order of the Division Bench referred to above in having set aside the order of the Special Judge dated 31.07.2009.
The appeal arising out of SLP Crl.
Thereafter NIA sought for police custody which was granted by order passed in Misc.
On 15.01.2009, sanction under Section 23 2 of MCOCA was also granted.
One other appellant namely, Ajay Eknath Rahirkar filed Criminal Application No.556/2011 which was allowed by the Bombay High Court and he was granted bail by imposing certain companyditions.
The Special Judge by the order dated 30.12.2010 rejected the appellants application for bail.
While setting aside the said order of the Special Judge, the Division Bench directed the Special Judge to companysider the bail applications in Bail Application Nos.40 42 of 2008 and pass orders on merits.
In the case of appellant herein, the challenge made in Criminal Application No.464 of 2011 was the order of the Special Judge after the order of remand passed by the Division Bench dated 19.07.2010.
With reference to the said occurrence, FIR No.130/2008 was registered in the Azad Nagar police station in Malegaon on 30.9.2008.
Appeal Nos.
On 26.10.2008, the said FIR was transferred and registered as C.R. No.
01 of 2009 for being heard and decided on merits.
By the said judgment, the learned Single Judge declined to interfere with the order of Special Judge in Misc.
As far as Criminal Application No.333/2011 was companycerned, the said application was rejected and the main Criminal Application No.464/2011 was disposed of by the High Court.
The learned Single Judge after detailed discussion, dismissed the Criminal Bail Application No.333 of 2011 as well as Criminal Application No.464 of 2011 by the order impugned in these appeals.
In Criminal Appeal No.1024 of 2009 while allowing the said appeal, Bail Application No.41 of 2008 was directed to be restored in MCOCA Special Case No.
The Division Bench while allowing the Criminal Appeal Nos.866 to 869 of 2009 set aside the order of the Special Judge 31.07.2009 in Special Case No.1 of 2009 as well as orders passed in Bail Application Nos.40 to 42 of 2008, restored those applications to the file in MCOCA Special Case No.
18/2008 and the investigation was taken over by ATS.
Application No.98/2011 permitting police custody to the first respondent, namely, National Investigation Agency NIA for 8 days from 22.07.2011 up to 30.07.2011.
Criminal Appeal Nos.1969 70/2010 have been preferred by Lt.
As the narration goes, there was a bomb blast at the place called Malegaon in Mumbai on 29.9.2008.
Prasad Shrikant Purohit challenging the judgment in Criminal Appeal No.867 of 2009 which was disposed of by the companymon order passed by the Division Bench of the Bombay High Court in Criminal Appeal Nos.866, 867, 868, 869 and 1024 of 2009 dated 19.07.2010.
The appellant Lt.
As in all the above appeals the issue that arises for companysideration is the applicability of the Maharashtra Control of Organized Crime Act, 1999 hereinafter called MCOCA , all these appeals are disposed of by this companymon judgment.
The appeals arising out of SLP Crl.
No.9370 71/2011 have also been preferred by the very same appellant, namely, Lt.
No.8132 of 2010 and SLP Crl.
Prasad Shrikant Purohit challenging the companymon order passed in Criminal Bail Application No.333 of 2011 with Criminal Application No.464 of 2011 along with Criminal Application No.556 of 2011 dated 9th November 2011 by the learned Single Judge of the Bombay High Court.
No.8132/2010 has been filed by one Pragyasinh Chandrapalsinh Thakur challenging the companymon order dated 19.07.2010 passed by the Division Bench of the Bombay High Court in Criminal Appeal No.866 of 2009 which is identical to the case of the appellant in Criminal Appeal Nos.1969 70 of 2010.
No.9303/2011 is preferred by one Sudhakar Dhar Dwivedi and Ramesh Shivji Upadhyay challenging the order dated 20.10.2011 of the learned Single Judge of the Bombay High Court.
Nos.9370 71 of 2011.
On 20.11.2008, approval was given as per Section 23 1 a of MCOCA by DIG, ATS for recording of information about the companymission of an offence and for applying the provisions of Section 3 1 i ,3 2 and 3 4 of MCOCA against all the accused in C.R. No.
Subsequent to his arrest, the appellant in Crl.
1971/2010, namely, one Rakesh Dattaray Dhawade was arrested by ATS on 02.11.2008.
1969 1970/2010 was arrested on 05.11.2008.
Prasad Shrikant Purohit is the first respondent in Criminal Appeal No.867 of 2009.
Fakkir Mohamed Ibrahim Kalifulla, J. Leave granted in SLP Crl.
Thereafter the appellant in Criminal Appeal No.
Appeal No.1971 of 2010 Rakesh Dattaray Dhawade in Parbhani Case and a supplementary charge sheet 3 was filed against him in Jalna Case on 15.11.2008.
