Back
REVATI MOHITE DERE, GAURI GODSE
State of Maharashtra – Appellant
Versus
Sachin Dhananjay Kulkarni – Respondent
JUDGMENT/ORDER
REVATI MOHITE DERE, J. - Heard learned counsel for the parties.
2. By the aforesaid appeal, the appellant-State of Maharashtra has impugned the order dtd. 3/12/2022 passed by the learned Additional Sessions Judge and Special Judge under Maharashtra Control of Organised Crime Act ('MCOC Act'), Greater Mumbai, by which the learned Judge was pleased to reject the appellant's application being Misc. Application (SC) No. 567/2022, seeking police custody remand of the respondentsaccused. Learned A.P.P submits that the impugned order rejecting the State's application seeking police custody remand of the respondents-accused is untenable in law.
3. Mr. Thakare, learned senior counsel appearing for the respondents-accused opposed the appeal. He submits that no interference is warranted in the impugned order dtd. 3/12/2022, inasmuch as, there is non-compliance of the mandate of Sec. 21(7) of the MCOC Act. He submits that in the application filed by the State, there is no explanation whatsoever for the delay in seeking police custody remand.
4. Perused the papers. It appears that an FIR was lodged at the behest of Shreedhar Bhovar being C.R. No. 558/2021, with the Bhandup Police Sta
The necessity for the prosecution to provide a valid explanation for delays in seeking police custody remand under Section 21(7) of the MCOC Act is a critical legal requirement.
The court ruled that the Special Court erred in denying Police Custody based on insufficient grounds, highlighting the necessity to investigate the respondent's continuous involvement in organized cr....
No accused can be permitted to frustrate judicial process by his conduct.
[The right to a speedy trial is fundamental under Article 21 of the Constitution, and prolonged detention without trial can warrant the granting of bail, especially when the prosecution has not estab....
Police remand – When an accused is enlarged on bail, police custody cannot be granted so long as order of bail continues to operate.
Jurisdiction under MCOCA is restricted to designated Special Courts, and any extension of investigative custody requires adherence to statutory protocols to ensure legality of judicial actions.
The prosecution under the M.C.O.C. Act requires that the necessary ingredients, including prior cognizance in multiple cases, must be satisfied at the time of the commission of the offence.
The court emphasized the power to exercise the provision under 482 of Code of Criminal Procedure when there is an abuse of process of any Court or securing the end of justice, and the different roles....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
