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1 - 10 of 19 (0.58 seconds)Section 4 in The Maharashtra Control Of Organised Crime Act, 1999. [Entire Act]
Section 2 in The Maharashtra Control Of Organised Crime Act, 1999. [Entire Act]
The Indian Penal Code, 1860
Sachin Bansilal Ghaiwal vs State Of Maharashtra on 16 July, 2014
• Digvijay Saroha v. State [2019 SCC OnLine Del 10324]
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Digitally Signed
By:PRATHIBA M SINGH CRL.M.C. 1625/2020 Page 10 of 22
Signing Date:18.12.2020 14:31
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Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:18.12.2020
15:11:46
• Narender Kumar v. State of Delhi [Bail Application1440/2011
decided by the Delhi High Court on November 1, 2011]
• Sachin Bansilal Ghaiwal v. State of Maharashtra [2014 SCC
OnLine Bom 725]
• State (NCT of Delhi) v. Brijesh Singh @ Arun Kumar & Anr
[(2017) 10 SCC 779]
State (Nct Of Delhi) vs Brijesh Singh @ Arun Kumar on 9 October, 2017
• Digvijay Saroha v. State [2019 SCC OnLine Del 10324]
Signature Not Verified
Digitally Signed
By:PRATHIBA M SINGH CRL.M.C. 1625/2020 Page 10 of 22
Signing Date:18.12.2020 14:31
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:18.12.2020
15:11:46
• Narender Kumar v. State of Delhi [Bail Application1440/2011
decided by the Delhi High Court on November 1, 2011]
• Sachin Bansilal Ghaiwal v. State of Maharashtra [2014 SCC
OnLine Bom 725]
• State (NCT of Delhi) v. Brijesh Singh @ Arun Kumar & Anr
[(2017) 10 SCC 779]
Dr.Mahipal Singh vs Cbi & Anr. on 21 May, 2012
In Madhukar s/o Babu (supra), the ld. Division Bench of the
Bombay High Court referring to Mahipal Singh (supra) observed that the
ingredients of the offence i.e. submission of charge sheet and cognizance of
offence in more than one case have not been satisfied and had accordingly
held that the accused could not be prosecuted under Section 3 of the Act but
could be tried under the various provisions of IPC.
Mohd. Irfan vs State Of Nct Of Delhi & Anr on 23 July, 2018
17. Let us examine the present bail application in view
of the above law laid down by the Hon'ble Supreme
Court. Perusal of the material brought on record
reveals involvement of petitioner Digvijay Saroha to
the effect that he has been a part of organized crime
syndicate and has knowingly facilitated the alleged
organized crime syndicate. The MCOCA does not
contemplate that the petitioner should have direct role
to play as regards the commissionof an organised
crime. If there is a nexus of the petitioner who is a
member of an, 'organised crime syndicate', or nexus
with the offence in the nature of an, 'organised crime'
is established, the petitioner will prima facie satisfy the
ingredients of Section 3(2) of MCOCA. In the present
case, the petitioner Digvijay Saroha is alleged to be a
member of an organized crime syndicate run by
Jitender @ Gogi. There are approximately 27 cases
filed against this organized crime syndicate. As per
reply filed by the prosecution, there is confessional
statement of co-accused Yogesh, which reveals that
petitioner Digvijay Saroha is the member of an
organized crime syndicate being run by Jitender @
Gogi. It has also come on record that during
interrogation petitioner/ accused Digvijay Saroha has
disclosed that he is an active member of Jitender @
Gogi Gang and used to collect information regarding
members of opposite gang as well suspected targets
from whom money can be extorted. During the
investigation one witness namely Ms. Nikita Dahiya
has deposed that this 'Organised Crime Syndicate'
used to collect extortion money from her and accused
Digvijay Saroha is one of the associates of this gang,
who used to collect protection money from her. Thus,
Prima facie, the prosecution has established
petitioner's role in conspiring, assisting and managing
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By:PRATHIBA M SINGH CRL.M.C. 1625/2020 Page 20 of 22
Signing Date:18.12.2020 14:31
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:18.12.2020
15:11:46
the crime syndicate. There are no reasonable grounds
to believe that petitioner is not guilty of the offences, he
has been charged with. On the contrary, the material
brought on record, points to his role in the abetment of
the offences committed by the crime syndicate."
State Of Maharashtra vs Shiva @Shivaji Ramaji Sonawane & Ors on 24 July, 2015
Appeal
297/2017 decided by the Bombay High Court on 31st July 2018]
• Mohd. Irfan v. State of NCT of Delhi & Anr [2018 SCC OnLine Del
13223]
• State of Maharashtra v. Shiva Alias Shivaji Ramaji Sonawane and
Others [(2015) 14 Supreme Court Cases 272]
Digvijay Saroha vs State on 23 September, 2019
As observed in Digvijay Saroha
(supra), more than 27 cases are pending against the syndicate of which the
Petitioner is stated to be a part. In any event, approximately 19 cases have
already been mentioned in the proposal which forms the basis of the
sanction challenged in the present case. In the opinion of this Court, the said
19 cases pending against the syndicate coupled with the fact that there was
sufficient material for the Special Cell authorities to grant sanction in the
form of statements which have been recorded, clearly shows that the
Signature Not Verified
Digitally Signed
By:PRATHIBA M SINGH CRL.M.C. 1625/2020 Page 21 of 22
Signing Date:18.12.2020 14:31
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:18.12.2020
15:11:46
ingredients to proceed under the Act were satisfied