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Bombay High CourtBA/5094/2024rejected

Amit Madhukar Bhogle v. State Of Maharashtra

2025-02-05Hon'Ble Shri Justice Amit Borkar2 pages

1.BA.472.2024+.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.472 OF 2024 Piyush Priydarshan Naik .. Applicant

Versus

State of Maharashtra .. Respondent WITH BAIL APPLICATION NO.5094 OF 2024 Amit Madhukar Bhogle .. Applicant

Versus

State of Maharashtra .. Respondent ....................

 Mr. Mahesh Mule, Advocate i/by Mr. Ankit Takle for Applicant in Bail Application No.472 of 2024.

 Mr. Karan Singh Rajput a/w. Mr. Devendra Patil, Ms. Divya Parab and Ms. Dipti Jadhav, Advocate for Applicant in Bail Application No.5094 of 2024.

 Mr. Hiten Venegaonkar, PP a/w. Ms. Megha Bajoria, APP for Respondent in Bail Application No.472 of 2024.  Mr. Hiten Venegaonkar, PP a/w. Mr. Hiten Dedhia, APP for Respondent in Bail Application No.5094 of 2024.  Mr. Chandrakant Jadhav, ACP, D-East, DCB, CID.  PI - Rajashree Balgi, Unit-7, DCB, CID.

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CORAM

: MILIND N. JADHAV, J.

DATE : FEBRUARY 05, 2025 P.C.

:

1.

Heard Mr. Mule, learned Advocate for Applicant in Bail Application No.472 of 2024; Mr. Rajput, learned Advocate for Applicant in Bail Application No.5094 of 2024 and Mr. Venegaonkar, learned PP for Respondent in Bail Application No.472 of 2024 and Bail Application No.5094 of 2024.

1.BA.472.2024+.doc 2.

One of the issue raised by learned PP at the outset is that sanction is awaited and according to instructions received by him, the said sanction / approval for application of charges under Maharashtra Control of Organised Crimes Act, 1999 (for short 'MCOC Act') shall be conveyed within a period of two weeks from today. 3.

Though Mr. Rajput, learned Advocate appearing for Accused No.10 - Amit Madhukar Bhogle in Bail Application No.5094 of 2024 would submit that issue of sanction would be immaterial in so far as his case is concerned, considering his long incarceration since the year 2021, he would persuade the Court to hear the matter. 4.

In so far Accused No.2 - Piyush Priydarshan Naik in Bail Application No.472 of 2024 is concerned, Mr. Mule would submit that Court may restrict the prosecution to some fixed time to obtain the sanction since substantial time has lapsed in custody for his client also. 5.

I make it clear that if sanction does not come within two weeks, this Court shall not await the sanction or give any further time. Court shall take up hearing of both these Applications strictly in accordance law which shall be noted by the prosecution. 6.

List the Applications on 20th February, 2025 at 02:30 p.m. H. H. SAWANT [ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date:

2025.02.05 19:26:03 +0530 HARSHADA HANUMANT SAWANT