M.N. GILANI, J.

1. This appeal under section 12 of the Maharashtra Control of Organised Crime Act, 1999 (for short, “MCOCA”) is directed against the order dated 21.08.2008 passed by the Special Judge, Special Court, Pune in Special Case No. 2 of 2007, whereby, the learned Special Judge discharged the respondent-accused for the offence under MCOCA.

2. Special Case No. 2/2007 is arising out of Crime No. 562/2006 registered with the Kothrud Police Station, Pune under sections 302, 307, 143, 148, 149, 120B and 109 of the Indian Penal Code and Section 3/25 of Arms Act, The incident occurred on 14.10.2006. It is alleged that one Sachin Pote and his associates attacked one Sandeep Mohol (since deceased) while latter was proceeding in his Scorpio Jeep. The firearms and other deadly weapons were used by the accused while assaulting the deceased. Sandeep Mohol succumbed to the injuries which resulted in registration of the crime as indicated above.

3. The investigation revealed that the accused are the persons of the organised crime syndicate and therefore, provisions of MCOCA were invoked against them.

4. The respondent submitted an application vide Exh. 99, seeking his discharge