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2014 Supreme(Bom) 2096

S.S.SHINDE, N.W.SAMBRE
Mujahid s/o Ibrahim Pathan – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
Mr. D.A. KARNIK, Adv. for Applicants
Mr. V.D. GODBHARLE, Appellant for the Respondent
Mr. SHAIKH MAZHAR A. JAHAGIRDAR, Adv. for Applicants

JUDGMENT :

N. W. SAMBRE, J.

Heard. Rule. Rule is made returnable forthwith and by consent, the matters are heard finally.

2. By these applications under section 482 of the Code of Criminal Procedure, the applicants/accused seek quashing of first information report in CR. No.43 of 2014, registered at Shevgaon police station, to their extent, insofar as an offence punishable under section 3 (1) (ii), 3 (2) and 3 (4) of the Maharashtra Control of Organised Crime Act 1999 (hereinafter referred to as "MCOCA", for the sake of brevity).

3. The applicants, claiming to be permanent residents of Ahmednagar district allege that they were arrested in CR. No.43 of 2014, which came to be registered with Shevgaon police station, on 15th February, 2014 for an offences punishable under sections 307, 395, 143, 147, 148, 149, 120-B, 323, 504, 506, 435 and 427 of the Indian Penal Code read with section 3 (25) and 4 (25) of the Arms Act. The applicants further claim that after their arrest in CR. No.43 of 2014, they have been released on regular bail by the Sessions Court at Ahmednagar.

4. It is the case of the applicants that subsequent to their release on bail, they came to know from reliable sources tha
















































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