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CASE NO.:

Appeal (crl.) 523 of 2005

PETITIONER:

Ranjitsing Brahmajeetsing Sharma

RESPONDENT:

State of Maharashtra & Anr.

DATE OF JUDGMENT: 07/04/2005

BENCH:

N. Santosh Hegde,B.P. Singh & S.B. Sinha

JUDGMENT:

J U D G M E N T

(Arising out of SLP (Crl.) No.3879 of 2004)

S.B. SINHA, J :

Leave granted.

Interpretation and application of the Maharashtra Control of

Organised Crime Act, 1999 (for short ’MCOCA’) is involved in this appeal

which arises out of a judgment and order dated 16th July, 2004 passed by a

learned Single Judge of the Bombay High Court in Criminal Application No.

572/2004 refusing bail to the Appellant herein.

The Appellant is a former Commissioner of Police. He was posted in

the city of Pune in the said capacity between 30th April, 2000 and 31st

December, 2000. He was appointed Commissioner of Police, Mumbai on or

about 1st January, 2003. Allegedly, he was so posted upon supercession of a

few officers. A disciplinary proceeding was initiated against him on

25.11.2003 but without taking any further act