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2014 Supreme(Bom) 1399

P.V.HARDAS, A.S.GADKARI
Sachin Bansilal Ghaiwal – Appellant
Versus
State of Maharashtra – Respondent


Advocate Appeared:
For the Appellants:S.V. Kotwal, Avinash D. Kamkhedkar, J. Shekhar, H.H. Gursahani i/b J. Shekhar & Co., Advocates.
For the Respondent: S.D. Shinde, H.J. Dedhia, Addl., P.Ps.

Judgment

A.S. Gadkari, J.

1. The present Appeals have been filed by the Appellants, who are as per the final report submitted by the police before the Special Court under the MCOC Act, Pune, accused Nos.3 and 9 respectively. These Appeals have been preferred by the Appellants under Section 12 of the Maharashtra Control of Organised Crime Act 1999 ('MCOC Act' for brevity) challenging the order dated 10th February 2013 passed below Exhibit 192 and the order dated 18th February 2013 passed below Exhibit 204 respectively in MCOC Special Case No.3 of 2010 thereby rejecting the applications preferred by the Appellants under Section 227 of the Criminal Procedure Code, for their discharge from the case. The Appellants have questioned the correctness of the said orders dated 10th February 2013 and 18th February 2013 passed below Exhibits 192 and 204 respectively.

2. Both these Appeals are decided by this common judgment as they are arising out of the same crime number, have similar set of witnesses /facts and also involve common questions of law. For the sake of brevity in the matter, the compilation of documents which has been preferred by original accused No.9 – Umesh Kirve along with the f























































































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