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2007 Supreme(SC) 161

K. G. BALAKRISHNAN, D. K. JAIN
Dattatray Krishnaji Ghule – Appellant
Versus
State of Maharashtra – Respondent


Judgment

D.K. JAIN, J.—

Leave granted.

2.The challenge in these two appeals is to a common Order dated 3rd March, 2006 passed by a learned Single Judge of the High Court of Judicature at Bombay, rejecting the bail applications preferred by the appellants.

3.The appellants having been arrested in connection with the same case (C.R. No. 131 of 2001), registered at Thane Nagar Police Station for the offences punishable under Sections 192, 217, 218, 263(a) of the Indian Penal Code read with Sections 3(1)(ii), 3(2), 3(3), 3(4) and Section 34 of the Maharashra Control of Organised Crime Act, 1999 (hereinafter referred to as “MCOCA”), common questions arise for consideration and therefore, both the appeals are being disposed by this judgment. At the relevant time both the appellants were police officers, in-charge of investigations in the aforementioned case. Both of them were arrested on 8th October, 2004.

4.The case of the prosecution against the appellants, in brief, is as under :

5.On 16th May, 2005 appellant P.S.I Hitendra Manohar Vichare (hereinafter referred to as Vichare) arrested one Sandeep Kandar and fake stamps worth Rs.51,000/- were seized. On the same day C.R. No. 131 of 2001 was











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