Pinto @ Pintoo Sultanali Keswani vs The State Of Maharashtra
2022 Latest Caselaw 9864 Bom

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      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
                 BAIL APPLICATION NO. 2025 OF 2021


Pinto @ Pintoo Sultanali Keshwani              ..     Applicant
                Versus
The State of Maharashtra                       ..     Respondent
                               ...

Senior Adv. Mr. Aabad Ponda, a/w Mr. Vikram Sutaria for the
Applicant.
Ms. Veera Shinde,A.P.P. for the State/Respondent.
Mr. Sachin Mane, PI, a/w Mr. Sawant, PSI, Sewree Police Station.
                                  ...

                          CORAM: BHARATI DANGRE, J.

DATED : 27th SEPTEMBER, 2022 P.C:-

1. The learned counsel Mr. Ponda has placed on record the

judgment delivered by the Special Judge and while dealing with point

no. 7 to 9, formulated during the course of trial to the effect, whether

the prosecution has proved that the accused has committed an

organized crime in furtherance of common intention, as an organized

crime syndicate headed by wanted accused and whether the

prosecution has proved that the accused persons have abetted and

conspired the commission of organized crime.

The learned Judge in Para No. 63 has specifically recorded as

under:

Ashish Mhaske





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"Even if thus admitting that the prosecution succeeds to prove continuing criminal activity as defined u/s.2(1)(d) of the MCOC Act, the organized crime could not be proved on that basis itself. The reason is simple, as noticed earlier that the prosecution has not succeeded to prove definition of 'organized crime' u/s.2(e) of MCOC Act being attracted to the present facts. Therefore I will not go into further detailed scrutiny. Accordingly, the prosecution has not succeeded to prove point nos. 7 to 9, hence I answer them in negative."

4. Let the learned APP Ms. Veera Shinde go through the

judgment and the material compiled in the charge-sheet, and make a

positive statement whether prosecution still want to continue with

the prosecution under MCOC Act, and also in absence of the said

charge, whether the applicant is entitled to be released on bail for the

IPC offences.

5. List the application on 6/10/2022, on Supplementary Board.

( SMT. BHARATI DANGRE, J.)

Ashish Mhaske