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2012 Supreme(Bom) 1864

ABHAY M.THIPSAY
Jyoti Babasaheb Chorge – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Applicant:Mihir Desai i/b Chetan Mali, Sudeep Pasbola with Ms. Susan Abraham, Ram Pawade & Rahul Arote i/b Mrs. Sharmila Kaushik, Advocates.
For the Respondent: Ms. Rohini Salian, Special Public Prosecutor with S.R. Shinde, APP.

Judgment :

1 These two applications can be conveniently disposed of by a common order, as the applicants are the accused in one and the same case. i.e. Sessions Case No.655 of 2011 pending before the Additional Sessions Judge, at Sewree, Mumbai.

2 The applicant Jyoti Chorge -(in Bail Application No.1020 of 2012) is the Accused No.4, while the applicant Sushma (in Bail Application No.1066 of 2012) is the Accused No.2 in the said case. The case is in respect of offences punishable under sections 387 IPC, 419 IPC, 465 IPC, 467 IPC, 468 IPC, 471 IPC read with section 120B of the IPC, and also in respect of offences punishable under section 10, 13, 17, 18, 18A, 18B, 20, 21, 38, 39, 40(2) of the Unlawful Activities (Prevention) Act 1967, as amended upto 2008 (hereinafter referred to as 'UAP Act' for the sake of brevity). There are totally seven accused who have been arrested in the said case and eight more are said to be absconding and wanted.

3 The applicants are alleged to be the members of the Communist Party of India (Maoist) which is a Terrorist Organization. The Central Government has declared it to be so by a notification issued on 22 June 2009 whereby the said Organization was enl






























































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