State Of Maharashtra, Through ... vs Sheikh Mehmood Sheikh Mehboob And ...
2021 Latest Caselaw 166 Bom

apeal65.16                                                                                           1

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                NAGPUR BENCH : NAGPUR


                               CRIMINAL APPEAL NO. 65/2016

                                               State
                                               ..VS..
                            Sheikh Mehmood Sheikh Mehboob & ors.
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Office Notes, Office Memoranda of Coram,                               Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
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                            Shri T.A. Mirza, APP for the appellant
                            Shri S.K. Sable, Advocate for the respondent no. 1
                            Shri A.K. Bhangade, Advocate for the respondent nos. 2 to 6

                            CORAM : Z.A.HAQ & AMIT B. BORKAR, JJ.

DATED : 05/01/2021

1] Heard Shri T.A. Mirza, learned APP for the appellant - State at length.

2] As per the submission of learned APP, the Sessions Court has discharged the accused on the ground that there is no evidence about existence of any organized crime for economic gain and that the accused are members of that crime syndicate. Learned APP has pointed out the judgment given by the Full Bench of this Court in the case of State of Maharashtra vs. Jagan Gagansingh Nepali @ Jagya & anr. reported in 2011 ALL MR (Cri) at page 2961 and submitted that the reason given by the learned trial Judge for discharging the accused is not sustainable in view of the law laid down in the judgment given by the Full Bench of this Court.

3] Shri S.K. Sable, Advocate for the respondent no. 1 and Shri A.K. Bhangade, Advocate for the respondent nos. 2

ANSARI

to 6 submitted that the impugned order of the Sessions Court discharging the accused does not require any interference as the charge-sheet simplicitor for the offence punishable under Sections 3 and 4 of the Maharashtra Control of Organized Crime Act came to be filed without mentioning any other offence under the Indian Penal Code or other statute.

4] Learned APP submitted that this contention is repelled by the learned trial Judge and the relevant conclusions are in para no. 8 of the impugned order. It is submitted that the reasons recorded by the learned trial Judge for repelling the argument which is now being made on behalf of the accused is based on proper appreciation of the facts of the case and legal position.

5] Learned advocates for the respondents - accused requested for time till tomorrow to prepare the matter and make submissions.

6] Stand over to 06/01/2021 at 10:30 am at Serial no. 1.

7] Learned advocates for the respondents and learned APP are put to notice that as we have heard the matter on all the points, the matter will not be adjourned.

                                        JUDGE                          JUDGE




ANSARI