Guddu @ Mohammad Hafij Hamza Khan v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No. 472 OF 2016 Guddu @ Mohammad Hafij Hamza Khan ..Appellant.

V/S The State Of Maharashtra

...Respondent

WITH CR. APPEAL NO. 30 OF 2014 Saquib Abdul Hamid Nachan ..Appellant.

V/S The State Of Maharashtra ....Respondent WITH CR. APPEAL NO. 825 OF 2014 Saquib Abdul Hamid Nachan ..Appellant.

V/S The State Of Maharashtra ....Respondent WITH CR. APPEAL NO. 374 OF 2016 Aakif Ateeque Nachan ..Appellant.

V/S The State Of Maharashtra ....Respondent WITH CR. APPEAL NO. 200 OF 2016 Shamil Saquib Nachan ..Appellant.

V/S The State Of Maharashtra ....Respondent WITH CR. APPEAL NO. 227 OF 2016 Tanvir Abdul Majid Zamindar ..Appellant.

V/S The State Of Maharashtra ..Respondent.

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WITH CR. APPEAL NO. 410 OF 2016 Saquib Abdul Hamid Nachan ..Appellant.

V/S The State Of Maharashtra ....Respondent WITH CRIMINAL APPLN. NO. 584 OF 2016 Saquib Abdul Hamid Nachan .

..Applicant.

V/S The State Of Maharashtra ....Respondent Mr. Bhavesh Thakur for the Appellant in Appeal No. 472/16, 374/16.

Mr. Mubin Solkar i/b Yusuf S. Mithi for the Appellant in Appeal No. 410 of 2016.

Mr. S. K. Shinde, PP with Mrs. V. S. Mhaispurkar, APP for the State.

Mr. Shubham Nisar i/b Law Global Advocate for the Applicant. Coram : Ranjit More & Dr. Shalini Phansalkar-Joshi, JJ.

Date : February 16, 2017.

P. C. :

1.

Above appeals are filed challenging the orders framing of charge, rejection of discharge application and applicability of MCOC Act.

2.

Appellants in above appeals are the accused in MCOC Special Case Nos. 10 of 2012 and 6 of 2013 and they are challenging the orders passed in the said cases. 2 / 3

3.

One of the accused was granted bail by this Court and said order was challenged by the State Government by filing Special Leave Petition (Criminal) No. 9531 of 2015 before the Apex Court. Though the Supreme Court confirmed the bail order, in view of the concession given by some of the accused, directed the trial Court to record the evidence in special cases. We are told that accordingly special cases are placed tomorrow for recording the evidence of 5 witnesses. Mr. Shinde, the learned counsel appearing for Respondent No.1 at this stage having taken instructions states that there are about 35 witnesses and if the accused co-operate, trial would be finished approximately within the period of two months. Statement accepted. Mr. Solkar, the learned Counsel appearing for the Appellants state that accused would co-operate with the hearing of the cases. Statement accepted. In above circumstances, we are not inclined to entertain these appeals and application and we accordingly dispose of the same keeping all points and contentions of the respective parties open.

4.

In view of the disposal of main appeals, applications, taken out in these appeals do not survive and the same are accordingly disposed of.

[Dr. Shalini Phansalkar-Joshi, J.] [RANJIT MORE, J.] 3 / 3