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2018 Supreme(SC) 1383

R.BANUMATHI, INDIRA BANERJEE
Satish Sakharam Mangle – Appellant
Versus
State Of Maharashtra – Respondent


Advocates Appeared:
Satish Maneshinde, Ms. Amrita Panda, Ms. Snehal Khairnar, Ms. Lakshmi Raman, Neil Chatterjee, Nikhil Maneshinde, Debesh Panda, Sadanand Shetty, Advocates, for the Appellants; Ranjit Kumar, Sr.Adv, Mukul Rohatgi, Sr. Adv, Aman Preet Singh Rahi, Ms. V.S. Lakshmi, Rishi Raj Sharma, A. Venayagam Balan, Nishant Ramakantrao Katneshwarkar, Advocates, for the Respondents

JUDGMENT

Banumathi, J. - Leave granted.

2. The appellant is in custody for the alleged commission of the offence under Sections 384, 386, 387 read with 34 I.P.C. and under Sections 3(1)(ii), 3(2) and 3(4) of the Maharashtra Control of Organised Crime Act 1999 (MCOCA 1999).

3. The issue in-question in this appeal is the correctness of the order of transfer of case, Special Case bearing NO.1 of 2018, from one MCOCA Judge to another MCOCA Judge at Thane, Maharashtra.

4. We have heard Mr. Satish Maneshinde, learned counsel appearing for the appellants, Mr. Ranjit Kumar, learned senior counsel appearing for the respondent/complainant and also Mr. Nishant R. Katneshwarkar, learned counsel appearing for the respondent-State. We have considered the impugned order and also the materials on record.

5. Without going into the merits of the matter, we are constrained to observe that the High Court was not right in finding fault with the officer (MCOCA Judge from whom the case was transferred) for trying to expedite the hearing of the bail application. In our view, for mere zest by judicial officer in taking up the bail application and expediting the hearing, no motive could be attributed to the

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