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2005 Supreme(Bom) 1135

A.S.OKA
Sambhaji Haribhau Kudale – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT :- Heard Advocate for the Applicant and the learned A.P.P. for State. The applicant is an accused in an offence registered under Sections 3(1), (i), (ii) as well as Section 4 of the Maharashtra Control of Organised Crimes Act, 1999 (hereinafter referred to as the said Act of 1999).

2. The main submission made by the learned Counsel for the Applicant is that when the Court considers the question of granting temporary bail in extraordinary circumstances, stringent requirements of Sub-Section 4 of section 21 of the said Act of 1999 will not apply. His submission is that the decision of the learned Single Judge reported in 2004 (11) LJSOFT (URC) page No.6: [2005 ALL MR (Cri) 350] (Anil Umrao Gote Vs. State of Maharashtra) needs reconsideration.

3. The learned Counsel for the Applicant submitted that even in a case where provisions of the said Act of 1999 are applicable, the Court retains power of granting temporary bail even in a case where requirements of sub section 4 of Section 21 are not satisfied. He placed reliance on order passed by the Apex Court dated 4th November, 2004 in the case of Ranjeetsing B. Sharma in SLP (Cri.) 3897 of 2004. He has also invited my attention t



























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