JUDGMENT - GOKHALE H.L., J.:---Heard Mr. Pradhan for the petitioner and Mr. Raja Thakare, Special Public Prosecutor for the respondent.

2.The petitioner is a member of the Maharashtra State Legislative Assembly elected from Dhule. The petitioner has been arrested on 29th June, 2003 for commission of offences under the provisions of Maharashtra Control of Organized Crimes Act, 1999 (MCOC Act). A.C.R. has been registered by Band Garden Police Station, Pune under sections 120-B, 255, 260, 263-A, 419, 420, 471 to 476, 109 and 34 of Indian Penal Code read with section 63(A)(b) of the Bombay Stamp Act, 1958 and sections 3, 4 and 24 of the said MCOC Act read with sections 7, 12 and 13(1)(d) of Prevention of Corruption Act. The petitioner is accused No. 45 under this C.R. and as of now the number of accused is 62.

3.In the month of July 2003, the Monsoon Session of the State Assembly was held. The petitioner had applied for attending the said Session by moving an application to the learned Judicial Magistrate, First Class, Pune. It however appears that the application was adjourned to a long date and it became infructuous. Now the Winter Session is being held from 8th December, 2003 at Nagpu

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