MHNS010016722022 Order below Exh. 1 in Criminal Bail Application no.453/2022

Anil Sudam Landge

Vs.

State

1.Perused application and say Exh. Heard both the learned counsels.

2.By this application, applicant/accused 4 Anil Sudam Landge of Crime No.292/2021 registered with Wavi Police Station, Nashik under sections 307, 386, 143, 147, 148, 149, 504, 506 of the Indian Penal Code; section 4/25 of the Arms Act and sections 3 (1)(ii), 3(2) and 3(4) of the Maharashtra Control of Organized Crime Act, 1999 (for short ‘the Act’) seeks regular bail.

3.It is objected over tenability and role attributed by applicant.

4.The learned counsel for the applicant has submitted that the applicant was apprehended on 07.08.2021 and remanded to PCR till 09.08.2021 and subsequently was bail out on 20.08.2021. After submission of final report under section 173 Cr.P.C., the prosecution has applied MCOC Act.

Then he was apprehended on 19.03.2022 and remanded to PCR 28.03.2022 and since then he is in judicial custody. He further submitted that, there is no continuing unlawful activity as contemplated under the Act nor 2 offences were registered against him. Hence, he be released on bail.

6.The learned Special Public Prosecutor vehemently submitted that, since the investigation under the Act is in progress, it would not be opposite to release the applicant.

7.The prosecution has applied the provisions of the MCOC Act and sanction is subjudice pending investigation, the statutory period for completing the same under the Act is 180 days. The provisions of the Act have overriding effect upon the general law of Cr.P.C. Unless the report of investigation by the Competent officer is reached, in my view it would not be opposite to released the applicant on bail. Hence, order : ­

ORDER

Application stands rejected.

Digitally signed by VIKAS VIKAS SHIVRUPRAO SHIVRUPRAO KULKARNI KULKARNI Date: 2022.05.26 16:09:55 +0530 (Vikas S. Kulkarni ) Special Judge under MCOC Act, May 25, 2022. Nashik.