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State Of Maharashtra vs Guddu @ Mohd. Hafiz Hamza Khan on 1 February, 2016

Bench: V. Gopala Gowda, Uday Umesh Lalit

                                                      1

     ITEM NO.47                               COURT NO.10                SECTION IIA

                                   S U P R E M E C O U R T O F      I N D I A
                                           RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (Crl.)                  No(s).     9531/2015

     (Arising out of impugned final judgment and order dated 29/10/2015
     in BA No. 1426/2015 passed by the High Court of Judicature at
     Bombay)

     STATE OF MAHARASHTRA                                                Petitioner(s)

                                                     VERSUS

     GUDDU @ MOHD. HAFIZ HAMZA KHAN                  Respondent(s)
     (With appln.(s) for exemption from filing O.T. and permission to
     file entire copy of impugned order and interim relief and office
     report)

     Date : 01/02/2016 This petition was called on for hearing today.

     CORAM :
                             HON'BLE MR. JUSTICE V. GOPALA GOWDA
                             HON'BLE MR. JUSTICE UDAY UMESH LALIT

     For Petitioner(s)                  Mr. Nishant Ramakantrao Katneshwarkar,Adv.

     For Respondent(s)                  Mr.   Akhil Sibal, Adv.
                                        Mr.   Pradeep C., Adv.
                                        Ms.   V.S. Lakshmi, Adv.
                                        Mr.   Ganesh D. Gurnmule, Adv.
                                        Mr.   A. Venayagam Balan,Adv.

                              UPON hearing the counsel the Court made the following
                                                 O R D E R

Heard learned counsel for the parties.

Our attention was drawn to the Order dated 29.10.2015 in Bail Application No. 1426 of 2015 passed by the High Court of Judicature at Bombay. The correctness of the same is questioned by the State urging various legal grounds.

Digitally signed by Jayant Kumar Arora Date: 2016.02.02 16:35:56 IST Reason: The criminal machinery was set into motion by registering a case against the respondent herein being MCOC Case No. 10/2012 under the provisions of Maharashtra Control of Organized Crime Act,  2 1999 (hereinafter referred to as “the MCOC Act”) and under the provisions of Sections 120-B, 153-A, and 307 of the Indian Penal Code and also for the offence punishable under the Arms Act and offence punishable under Sections 3(1)(ii), 3(2) and 3(4) of the MCOC Act.

After going through the aforesaid Order passed by the High Court, in our view, at this stage, it may not be proper to examine and make an observation in this order while dealing with the correctness of the order challenged by the State Government. However, it would be suffice for this Court at this juncture to direct the learned Special Judge in the aforesaid special case to hear regarding the framing of charge against the respondent herein within eight weeks from today.

Needless to mention that we have not expressed any opinion with regard to either the reasons assigned by the learned Special Judge or with regard to the alleged offence.

Bring this matter for our consideration after eight weeks.

      (S. K. RAKHEJA)                                    (MALA KUMARI SHARMA)
        COURT MASTER                                         COURT MASTER