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2023 Supreme(Bom) 426

KISHORE C. SANT
Kiran Madhav Hazare – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Nitin Sejpal, Advocate h/f Smt. S. G. Sonawane, Advocate
For the Respondent:Mr. P.N. Kutti, Mr. R.R. Karpe, Advocate

JUDGMENT :

Rule. Rule made returnable forthwith by consent of parties.

2. This petition is by accused in jail for their release on bail under Section 167 (2) of the Code of Criminal Procedure (for short “Cr.P.C.”) r/w Section 12 of the Maharashtra Control of Organised Crime Act, 1999 (for short “M.C.O.C. Act”). The challenge is raised to an order dated 09.05.2022 passed by the learned Special Judge, Ahmednagar under M.C.O.C. Act whereby, the bail applications filed by the petitioners for grant of bail are rejected. Further challenge is to an order dated 09.05.2022 passed by the said Court for granting extension of period to file charge-sheet.

3. Petition is already withdrawn by petitioner Nos. 2 to 4. Thus, now this Court is considering petition only in respect of petitioner Nos. 1 and 5.

4. The facts giving rise to the present petition in short are as below :

5. The petitioners are the accused in a crime registered for the offences punishable under Sections 307, 109 r/w Section 34 of the Indian Penal Code and Sections 3 and 25 of the Arms Act. The FIR was lodged by one Sachin Thakur on 10.12.2021 alleging that, on 10.12.2021 the informant along with his friend at 12.30 a.m. went to Gat

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