Ganesh Madhukar Mendarkar Vs State Of Maharashtra
.... espect of any matter, upon which, he has not been convicted or that in any circumstances, he should be deprived of his liberty upon only the belief that he will tamper with the witnesses if left at liberty, save in the most extraordinary circumstances. 23. Apart from the question of preven ...
Bombay High Court
Lata Ratan Rokade Vs State Of Maharashtra And Anr
.... w and if it is the continuing one, and to wit, third offence of specified type which fulfills the requirement of the provisions of the MCOC Act, it becomes organized crime to be registered as an offence under the MCOC Act. In such situation there are two options available to the prosecution/Inve ...
Bombay High Court
Gopal Suresh Malik Vs State Of Maharashtra And Others
.... ceedings under Section 110 of Cr.P.C. The Petitioner was externed from Thane District for a period of 02 years vide Externment proposal No.5/22 under Sections 56(1)(a)(b) of The Maharashtra Police Act, 1951 dated 29th January, 2022. During this period, the Petitioner committed one serious crime. ...
Bombay High Court
Shailesh Haribhau Jagtap Vs Rahul Suresh Khetre And Others
.... avit in support thereof there was no reference to the alleged demand of Rs.2,00,000/-. Two, in the statement before the Police Officer, during the course of a departmental enquiry, the complainant disowned the said allegation and asserted that the said complaint was made at the behest of the Adv ...
Bombay High Court
Nitin Baban Pawar Vs Commissioner Of Police, Thane And Others
.... t be exercised. Detenu was in jail. There was no indication that this factor or the question that the said detenu might be released or that there was such possibility of his release, was taken into consideration by the Detaining Authority properly and seriously before the service of the Order. A ...
Bombay High Court
Jayesh Damodar Koli Vs Commissioner Of Police & Ors
.... amarunnissa V/s. Union of India and another and connected petitions (Supra), it was observed that even in the case of person in custody a Detention Order can validly be passed (i) if the authority passing the Order is aware of the fact that he is actually in custody; (ii) if he has reason to bel ...
Bombay High Court
Bharat Mukti Morcha And Others Vs State Of Maharashtra And Others
.... itulation of these principles of law has been made by this Court in the case of Bhim Army and others (supra) in paragraph 18 which reads thus:- "18. From the above discussion, the propositions of law that emerge are that though fundamental freedoms guaranteed under Article 19 cannot be ...
Bombay High Court (Aurangabad Bench)
Maruti Navnath Sonawane Vs State Of Maharashtra
.... the commission of a crime which MCOCA seeks to prevent or control. In other words, an offence falling within the definition of organised crime and committed by an organised crime syndicate is the offence contemplated by the Statement of Objects and Reasons. There are offences and offences under ...
Bombay High Court
Sachin Nivrutti Pote Vs State Of Maharashtra
.... On completion of investigation and after obtaining the sanction under the provisions of MCOC Act, charge-sheet was fled against the applicant and other co-accused for the ofences punishable under sections 120-B, 143, 147,148,149, 302, 307, 341, 427 and 109 of the IPC and under sections 3(25), 4 ...
Bombay High Court
Masood Khan Kamal Khan Vs State Of Maharashtra
.... ormant and submitted that having regard to the seriousness of the offence, the applicant does not deserve to be released on bail. 5 Perused the investigation papers. From the First Information Report (FIR) it is seen that the applicant had fired from pistol which had hit on the right leg c ...
Bombay High Court
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