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Hemant Dhirajlal Banker vs The State Of Maharashtra And Anr on 14 December, 2021

12. Shri Ponda further submitted that the Applicant did not have mens rea and there is nothing to show from the material that he had any such mens rea in commission of the alleged offence. He relied on the observations of a Division Bench of this Court in the case of Surjitsingh Bhagatsingh Gambhir Vs. The State of Maharashtra4 . It is observed in paragraph-16 of the said judgment that before invoking and applying the offences under the said enactment, mens rea is a necessary ingredient for charging a person with an offence under MCOCA. In paragraph-18, it is observed that the offence under MCOCA would necessarily require establishment of mens rea.
Bombay High Court Cites 34 - Cited by 2 - S V Kotwal - Full Document

Sangita Vijay Nair vs The State Of Maharashtra on 18 September, 2019

WEDNESDAY, 18th SEPTEMBER 2019 P.C. 1 In view of the judgment of the Division Bench of this Court (Coram : Shri Ranjit More & Smt. Bharati Dangre, JJ.) dated 13 th September 2019 passed in Criminal Writ Petition No. 913 of 2019 (Surjitsingh Bhagatsingh Gambhir vs. The State of Maharashtra), learned counsel for the applicant seeks leave to withdraw the application with liberty to adopt the appropriate proceedings.
Bombay High Court Cites 1 - Cited by 0 - R M Dere - Full Document

Ashiya Ajij Irani @ Jafari @ Saiyyad vs The State Of Maharashtra And Anr on 3 October, 2019

1. Learned Counsel for the applicant seeks leave to withdraw this application as he intends to file an appropriate Petition before the Division Bench, in view of the Judgment of the Division Bench of this Court dated 13th September, 2019, passed in Writ Petition No.913 of 2019 - Surjitsingh Bhagatsingh Gambhir v/s The State of Maharashtra.
Bombay High Court Cites 1 - Cited by 0 - R M Dere - Full Document
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