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2005 Supreme(Bom) 487

A.M.KHANWILKAR
SARANG ARVIND GOSWAMY – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


Judgment

( 1 ) HEARD the learned counsel for the parties.

( 2 ) PERUSED the record.

( 3 ) THIS application takes exception to the order passed by the 4th additional Sessions Judge, Pune dated 14th March, 2005, cancelling bail granted in favour of the applicant in connection with the C. R. No. 212 of 2004. The principal reasons, for which bail granted in favour of the applicant has been cancelled at the instance of the prosecution, is that, subsequent to the order of bail, further offence has been added against the applicant in the same C. R. No. 212 of 2004 registered by P. I. Camp Police Station, Pune invoking provisions of special enactment namely Maharashtra Control of Organised Crime Act.

( 4 ) THE prosecution moved the Sessions Judge for cancellation of the bail already granted in favour of the applicant on the assertion that as the provisions of Special enactment have been applied against the applicant, the earlier bail order cannot continue and the same be cancelled in view of the stringent provisions of section 21 of the MCOC Act. The stand taken on behalf of the prosecution found favour with the Sessions Court and the bail order which was operating in favour of the applican







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