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2013 Supreme(Bom) 2538

P.V.HARDAS, REVATI MOHITE DERE
Praveen Venkatesh Takalki – Appellant
Versus
National Investigation Agency – Respondent


Advocates appeared:
Mr. SANJIV PUNALEKAR for the Appellant.
Mr. KEVIC SETALVAD, Additional Solicitor General a/w Mr. ANUPAM SURVE i/b Mr. SANDEEP K. SHINDE for Respondent No.1.
Ms. USHA KEJRIVAL, A.P.P. for Respondent-State.

Judgment :

REVATI MOHITE DERE, J. :- By this appeal, preferred under Section 12 of the Maharashtra Control of Organised Crime Act, 1999 (for short, 'MCOC Act'), the appellant herein (original accused No.12), is challenging the order dated 31.3.2012 passed by the Special Judge (MCOC and NIA Act), at Mumbai, rejecting his application for bail, being Exhibit 714 in MCOC Special Case No.1 of 2009.

2. It would be necessary to advert to few facts as are necessary to decide the said Appeal. On 29.9.2008, at about 21.35 hours, there was a bomb explosion opposite Shakil Goods Transport Company between Anjuman chowk and Bhiku chowk, Malegaon, Dist.Nashik. The said blast took place pursuant to an explosive device fitted on a LML Freedom motorcycle bearing registration No.MH-15-3-4572. In the said explosion, six persons were killed and 101 persons were injured. It is alleged that the intention to cause the explosion was to strike terror in the people and cause loss of life and property and create communal rift so as to endanger internal security of the State, in the holy month of Ramzan and Navratri festival which was to commence on 30.9.2008. After preliminary enquiry, Crime No.130 of 2008 cam







































































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