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2019 Supreme(Bom) 72

SARANG V.KOTWAL, INDRAJIT MAHANTY
Kawalnayan Wazirchand Pathreja – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. A.P. Mundargi, Mr. Ram D. Pawade
For the State : Mr. Ajay Patil

JUDGMENT :

Sarang V. Kotwal, J.

This is an Appeal preferred by the Appellant challenging the order dated 05/01/2018 passed by the learned Additional Sessions Judge & Special Judge under MCOC/TADA/POTA/NIA/SUSCA Act, Greater Mumbai in Discharge Application Exh.301 in MCOC Special Case No.12 of 2011. By the impugned order, the learned trial Judge has rejected the application for discharge preferred by the Appellant.

2. The Appellant is accused no.3. The investigating agency has filed chargesheet against him for commission of offences punishable under Sections 302, 307, 326, 325, 324, 379, 109 and 120B of the IPC, Sections 5 and 9 of the Explosive Substances Act, Sections 3 and 4 of the Prevention of Damages to Public Properties Act, Sections 13, 16, 18 and 20 of the Unlawful Activities (Prevention) Act, 1967 amended in 2008 (for short, 'UAPA') and Sections 3(1)(i) (ii), 3(2), 3(4) of the Maharashtra Control of Organised Crime Act, 1999 (for short, 'MCOC Act').

3. The case arises out of the investigation into the offences registered vide C.R. Nos. 28/2011, 29/2011 and 30/2011 with ATS Police Station, Kalachowki, Mumbai. These offences were registered in respect of three bombblasts which o

































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