Mr Shadab Khan S/O Mushtaq Khan v. State Of Mah., Thr. Its Secretary Department Of Home Affairs, Mantralaya Mumbai And Another

crwp921.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO.921/2019 Mr. Shadab Khan s/o Mushtaq Khan .vs. State of Maharashtra through its Secretary, Department of Home Affairs, Mantralaya, Mumbai and anr. _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. S. B. Tiwari, Advocate for petitioner.

Mr. M. J. Khan, A.P.P. for respondent-State.

CORAM : V. M. DESHPANDE, J.

DATED : NOVEMBER 20, 2019 Heard Mr. Tiwari, learned counsel for petitioner and Mr. Khan, learned A.P.P.for respondent-State. Initially, petitioner was arrested on 20.08.2018 in Crime No.1590/2018, for an offence punishable under Sections 397, 427 of the Indian Penal Code and Sections 4 and 25 of the Arms Act. The applicant thereafter filed an application i.e. Misc. Criminal Application No.508/2018 for bail and the learned Additional Sessions Judge, Wardha, on 24.10.2018, released the petitioner on bail. After petitioner was released on bail, on 13.11.2018, provisions of the Maharashtra Control of Organized Crimes Act were invoked. After invoking the said provisions, the prosecution moved an application under Section 439 (2) of the Code of Criminal Procedure for cancellation of bail. The said was registered as Misc. Criminal Application No.44/2019. The learned Special Judge, MCOC Act, Nagpur allowed the application filed on behalf of the prosecution and cancelled the bail. Against that, the present writ petition is filed.

crwp921.19.odt The only submission that is raised before this Court by the learned counsel for the petitioner is that before cancellation of bail, the Court below did not consider the case on its own merit.

The law of cancellation of bail after invocation of the provisions of the MCOC Act is well crystallized by this Court in Sarang Arvind Goswamy Vs. State of Maharashtra; reported in 2005 (3) Mh. L. J. 774, so also by judgments of this Court (Coram: V.M. Deshpande, J.) inVijendra Molchand Kuril Vs. State of Maharashtra and Ors.; Criminal Application (APL) No.7/2006, decided on 12.09.2017 and (Coram: Rohit B. Deo, J.) in Karan s/o Ranjit Paropate Vs. The State of Maharashtra, through PSO P.s. Yavatmal City and anr; Criminal Writ Petition No.1029/2017 decided on 06.04.2018.

The law laid down by this Court in the aforesaid matters applies with its full force.

In that view of the matter, there is no merit in the writ petition. The petition is therefore dismissed. However, it will always be open for the petitioner to file an application for bail before Special Court and the same can be considered by the Special Court, in the light of the accusations made against the applicant.

JUDGE kahale