Sachin Shatrughan Patil And ORS v. The State Of Maharashtra And ORS

osk 913-wp-2354-2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2354 OF 2017 Sachin Shatrughan Patil & Ors.

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Petitioners V/s.

The State of Maharashtra & Ors.

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Respondents • Ms.Sushma T. Mishra for the Petitioners.

• Ms.S.D. Shinde, A.P.P. for the Respondents-State. CORAM : RANJIT MORE & DR.SHALINI PHANSALKAR-JOSHI, JJ.

DATE : 23rd NOVEMBER, 2017.

P.C. :

1] Heard.

2] By this petition, the Petitioners are challenging prior approval under Section 23(1)(a) of the Maharashtra Control of Organised Crimes Act, 1999 (for short "MCOC Act") in subject FIR bearing CR No.I-81 of 2017 registered with Khadakpada Police Station, Kalyan, District - Thane.

3] Learned counsel for the Petitioners submits that the Petitioners have already been released on bail before invocation of the provisions of MCOC Act. However, subsequent to invocation of provisions of MCOC Act, the prosecution has filed Application for 1/2

osk 913-wp-2354-2017.odt cancellation of the bail and therefore, the Petitioners are constrained to approach before this Court.

4] Learned A.P.P. fairly states that the Petitioners can advance the arguments relating to invocation of the MCOC Act before the learned Sessions Judge in Application for cancellation of bail. The Statement is accepted.

5] In the light of the above, learned counsel for the Petitioners seeks leave to withdraw this petition with liberty to oppose the application filed by the prosecution for cancellation of the bail in subject crime on the ground that invocation of provisions of the MCOC Act is incorrect. Leave with liberty as prayed for granted. 6] Writ Petition is, therefore, disposed of as withdrawn. 7] It is made clear that we have not gone into the merits of the case and all points and contentions of the respective parties are kept open.

[DR.SHALINI PHANSALKAR-JOSHI, J.] [RANJIT MORE, J.] 2/2