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2009 Supreme(SC) 1041

ARIJIT PASAYAT
Mustaq Ahmed Mohammed Isak – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
For the Appellants :Anoop G. Choudhary, Sr. Advocate, Amin Solkar, Shabbir Kardar, Syed Ahmad Saud, Shakil Ahmed Syed, Advocates.
For the Respondent:Shekhar Naphade, Sr. Advocate, Ravindra Keshavrao Adsure, Advocates.

Judgment :

Dr. Arijit Pasayat, J.

Leave granted.

2. Challenge in these appeals is to the judgment of a Division Bench of the Bombay High Court holding that the order dated 4.9.2006 passed by learned Special Judge in bail application No. 32 of 2006 filed in remand application No. 17 of 2006 suffers from no infirmity.

3. Criminal Appeal No. 996 of 2006 was filed under Section 12 of the Maharashtra Control of Organized Crime Act, 1999 (in short the Act).

4. The bail application was preferred by the accused Nos. 5 to 8 challenging the order dated 21.8.2006 passed by the Special Court thereby granting second extension of 15 days to complete the investigation and to file the charge-sheet. The bail application came to be rejected. It had been prayed in the appeal that the appellants be released on bail in LAC No. 3 of 2006 on default of the prosecution in completing the investigation within the extended period granted upto 21.8.2006. Whereas in Criminal Appeal No. 736 of 2006 filed by the original accused nos. 5 to 8 under section 12 of the Act, the order of extension passed by the Special Court on 7.8.2001 in MA No. 260 of 2006 filed in Remand Application No. 52 of 2006 was prayed to be q











































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