Jagjitsingh Kisansingh Gambhir vs The State Of Maharashtra
2021 Latest Caselaw 13769 Bom

                                                                          23-WP-3999-
SHAMBHAVI                                2019.odt
NILESH
SHIVGAN
Digitally signed by
SHAMBHAVI NILESH
                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SHIVGAN
Date: 2021.09.23
                             CRIMINAL APPELLATE JURISDICTION
18:05:29 +0530

                                WRIT PETITION NO.3999 OF 2019

                      Jagjitsingh K. Gambhir                  ... Petitioner
                            Vs
                      The State of Maharashtra               ... Respondents
                                                    ...

Mr. Amin Solkar i/by Ms. Misbaah Solkar for the Petitioner.

Mr. S.S.Hulke, APP for the Respondent-State.

CORAM : SANDEEP K. SHINDE J.

DATE : SEPTEMBER 23, 2021.

(Through Video Conferencing) P.C. :

Heard Mr. Solkar, the learned counsel for the

petitioner and Mr. Hulke, the learned Prosecutor for the

State.

2 Perused the order of this Court dated 9 th

August, 2019 (Coram: S.S.Shinde, J.). Also perused the

report submitted by in-charge Registrar (Judl-I).

3 Petitioner's application seeking discharge in

Special Case (MCOCA) No.3 of 2017 was rejected by

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2019.odt

the Special Judge and the learned Additional Sessions

Judge, Nashik. Against this order, Writ Petition is

preferred.

4 Section 12 of the Maharashtra Control of

Organised Crimes Act, 1999 provides that an appeal

shall lie from any judgment, sentence or order, which is

not interlocutory order. Thus, in my view, the appeal

would lie against the impugned order; as to whether it

would lie before the Single Judge or Division Bench, let

the Registry submit its report within seven days from

today.

5 Stand over to 13th October, 2021 for further

consideration.

                                 (SANDEEP K. SHINDE, J.)




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