Japan Singh Kartar Singh Tak vs State Of Maharashtra
2022 Latest Caselaw 9949 Bom

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                                                       29.BA.4347.2021 .doc


         N THE HIGH COURT OF JUDICATURE AT BOMBAY
            APPELLATE SIDE CRIMINAL JURISDICTION

               BAIL APPLICATION NO. 4347 OF 2021

Japan Singh Kartar Singh Tak                ....APPLICANT
     V/S
State Of Maharashtra                        ....RESPONDENT

Mr. Subhash Jha a/w. Adv. Siddharth Jha i/b. Law. Global Advocates
for Applicant
Mr. A. A. Palkar, APP for Respondent-State


                            CORAM : NITIN W. SAMBRE, J.

DATED : 28th September, 2022 P.C.:

1. Mr. Jha, learned counsel for the applicant has invited

attention of this Court to the fact that the provisions of MCOCA are

alleged against the applicant based on the isolated offences being

Crime No. 301 of 2021 registered with Hadpsar Police Station for

the offence punishable u/s 307, 504, 143, 148, 149 of IPC, Section

4(25) of the Arms Act, and under sections 37(1)(3), 135 of

Bombay Police Act.

2. Relying on the Apex Court judgment in the matter of Mohd.

Iliyas Mohamad Bilal Kapadiya vs. State of Gujarat reported

in 2022 LiveLaw (SC) 538 he would urge that the isolated

offences cannot be formed to be the basis for invoking provisions

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29.BA.4347.2021 .doc

of MCOCA Act.

3. This court having appreciated the same and is convinced

that there is substance in the submissions of Mr. Jha as the issue

appears to be covered by the judgment of the Apex Court in the

matter of Mohd. Iliyas Mohamad Bilal Kapadiya (supra).

4. Learned APP seeks time to take instructions on the said

issue.

5. Stand over to 07/10/2022 as and by way of last chance.

          Digitally signed
ANANT     by ANANT
          KRISHNA NAIK
KRISHNA   Date:
NAIK      2022.09.30
          16:51:02 +0530




                                                             (NITIN W. SAMBRE, J.)




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