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2022 Supreme(Bom) 1249

PRAKASH D.NAIK
Ajit Bhagwan Tiwde – Appellant
Versus
State Of Maharashtra – Respondent


Advocates appeared:
Nitin Sejpal, Advocate, Akshata B.Desai, Advocate, Y.Y.Dabke, Advocate

JUDGMENT

1. This is an application for bail. The applicant is arrested on 17/6/2010 in connection with C.R. No. I - 85 of 2010, registered with Rajarampuri Police Station, Dist. Kolhapur for offence punishable under Ss. 302, 307, 147, 148, 149, 341, 323, 120-B and 427 of the Indian Penal Code (for short "IPC ").

2. During the pendency of investigation, the provisions of Maharashtra Control of Organised Crime Act, 1999 ( for short "MCOC Act") were sought to be invoked and prior approval was accorded on 31/8/2010 for offences under Ss. 3(1)(i)(ii), 3(2) and 3(4) of MCOC Act, 1999. Sanction was granted under Sec. 23(2) of MCOC Act, on 30/11/2010. Pursuant to the sanction order, the charge- sheet was filed against the accused.

3. Brief facts of the Prosecution 's case are as under :

    "i. The Complainant Atul Patil is residing at Shahu Nagar, Rajarampuri, Kolhapur.

      ii. It is alleged by the Complainant that he was aware that six months ago there was quarrel between Ajit Tiwde (present Applicant), Nitin Vetal and Avdhut Salvi. Election of Kolhapur Municipal Corporation was to be conducted in October 2010.

        iii. Avdhut Salvi had influence in area of Daulat Nagar.

          iv. On 4/6/2010, the Complain

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