Bombay High Court
Pintoo Sultanali Keswani vs The State Of Maharashtra on 25 April, 2023
Bench: R.P. Mohite-Dere, Sharmila U. Deshmukh
2023:BHC-AS:12487-DB
9. APEAL 412-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 412 OF 2022
Pintoo Sultanali Keswani ...Appellant
Versus
The State of Maharashtra ...Respondent
Mr. Aabad Ponda, Sr. Advocate a/w Mr. Mithilesh Mishra i/b Mr.
Vikram Sutaria, for the Appellant.
Mr. V.B.Konde Deshmukh, A.P.P for the Respondent-State.
CORAM : REVATI MOHITE DERE &
SHARMILA U. DESHMUKH, JJ.
DATE : 25th APRIL, 2023
P.C. :
1. Heard learned Counsel for the parties.
2. By the aforesaid appeal, the appellant seeks quashing and
setting aside of the impugned order dated 20 th December, 2021,
passed by the learned Additional Sessions Judge and Special Judge
under the MCOC Act, and as such, seeks his discharge from MCOCA
Special Case No. 500 of 2021, arising out of C.R.No. 50 of 2015,
registered with the Sewree Police Station, Mumbai, alleging offences
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9. APEAL 412-2022.doc
punishable under Sections 461, 427, 285, 411, 395, 467, 468, 471,
420 r/w 34 of the Indian Penal Code; Section 15(2) of the Petroleum
and Mineral Pipeline Act, 1962; Section 3 of the Prevention of
Damage to Public Property Act, 1984 and Sections 3(1)(ii), 3(2), 3(4)
of the Maharashtra Control of Organised Crime Act, 1999.
3. Learned Senior Counsel for the appellant submits that after
the appellant's discharge application was rejected by the learned
Special Judge vide order dated 20 th December, 2021, the very same
Court acquitted all the accused under the MCOC Act in the said case
vide Judgment and Order dated 29 th January, 2022, after observing
that no offence was made out under the said MCOC Act, although,
the accused convicted therein were under the IPC Sections.
4. Learned APP opposes the aforesaid prayer seeking
discharge. He submits that the matter can be remitted back to the trial
Court for fresh consideration in view of the Judgment and Order
dated 29th January, 2022, passed by the learned Special Judge under
the MCOC Act,
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9. APEAL 412-2022.doc
5. Perused the papers. It appears that the appellant had filed
a discharge application before the learned Special Judge under the
MCOC Act and the learned Special Judge vide order dated 20 th
December, 2021, rejected the said application. By the said
application, the appellant was seeking his discharge only from the
provisions of the MCOC Act. It appears that subsequently, in the trial
conducted by the trial Court as against other co-accused, the learned
Judge acquitted all the accused in the very same case only under the
MCOC Act, vide Judgment and Order dated 29 th January, 2022. In
this connection, learned Senior Counsel relied on the observations in
para Nos. 61 to 63 of the said Judgment i.e. the findings of the
learned Judge with respect to the applicability of the provisions of
MCOC Act.
6. Considering that there is a change in circumstance, we
deem it appropriate to set aside the impugned order dated 20 th
December, 2021, passed by the learned Special Judge and remit the
matter back to the learned Special Judge for fresh consideration, in
accordance with law.
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9. APEAL 412-2022.doc
7. Accordingly, we set aside the impugned order dated 20 th
December, 2021 and restore the appellant's application, filed for
discharge, back to its original file.
8. The learned Judge to decide the said application as
expeditiously as possible, uninfluenced by its earlier order dated 20 th
December, 2021.
9. We make it clear that we have not gone into the merits of
this appeal and as such, all contentions of all parties are kept open.
10. All concerned to act on the authenticated copy of this
order.
SHARMILA U. DESHMUKH, J. REVATI MOHITE DERE, J.
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