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appln3212.11

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

Criminal Application NO. 3212 OF 2011

Rakesh S/o Dattatraya Dhawade, Age :

major, Occ : Business, R/o Pune.

Applicant

V E R S U S

The Sate of Maharashtra

Respondent

Mr. V.J. Dixit, Senior Counsel holding for

Mr. S.B. Deshpande, Advocate for the Applicant.

Mr. S.B. Pulkundwar, APP for respondent /State.

CORAM : A.V.NIRGUDE, J.

DATE : 3rd May, 2012

ORAL JUDGMENT

This application challenges a peculiar order passed

by the learned Additional Sessions Judge-2, Jalna in

Sessions Case no. 28 of 2007 keeping the entire trial in

abeyance. The learned Judge held that the Sessions Case

should be kept in abeyance in view of the provisions of

Section 10 of the Maharashtra Control of Organised Crime

Act, 1999.

2.

The facts are admitted. Sessions Case no. 28 of 2007

is in respect of a bomb blast which occurred at Masjid at

Jalna on 27.08.2004. Soon after the bomb blast, the

F.I.R. was filed and the offence was registered. During

investigation, initially five accused were arrested and

the c