JUDGMENT - MARLAPALLE B.H., J.:---Heard. Rule.

Shri Girme waives service for respondent. Reply has been filed. Parties have argued at length. Rule made returnable forthwith.

2. Being aggrieved by the order dated 11-2-2002 passed below Exhibits 8, 9 14 in Special Case No. 1 of 2002 releasing the three accused on bail by the Special Judge, Maharashtra Control of Organized Crimes Act, 1999 at Nasik, the State Government initially had filed Criminal Revision Application No. 138 of 2002 and subsequently as per the leave granted by this Court vide order dated 27-11-2003, it was converted into a Criminal Application revoking the inherent powers of this Court under section 482 read with section 439(2) of the Criminal Procedure Code for cancellation of the bail granted to accused No. 1 Rajendra Shantilal Nahar. Before I proceed to discuss the rival contentions, the case of the prosecution requires to be set out in brief.

3. Rajendra s/o Shantilal Nahar, a resident of Ahmednagar town started Nahar Tobacco Industries Limited sometimes in 1999 with other three persons viz. Sanjay Satyanarayan Agarwal, resident of Nagpur, Jaikishan Munnalal Karva, resident of Hyderabad and Mahesh Baheti, also a

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