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2012 (10) TMI 1157 - SC - Indian LawsWhether in the light of the allegations made and materials placed by the prosecution, the High Court was justified in granting bail, particularly, in the light of restriction imposed u/s 21(4) of Maharashtra Control of Organised Crime Act, 1999 (MCOCA) - HELD THAT:- the Respondent is having an association with the overseas base wanted accused. It also indicates that the Respondent knowingly handled the funds of the syndicate. The statement of one of the witnesses indicates that the Respondent had asked the said witness to collect a sum from the co-accused, however, the same was not materialized. In addition to the same, there is a statement of co-accused that he collected ₹ 15 lakhs from co-accused - Dattatray Bhakare and delivered it to the Respondent. The confessional statement further indicates that the wanted accused used to make calls using cell phone to the Respondent. The confessional statement also reveals that Accused No. 6 received ₹ 6 lakhs from the man of the Respondent - prima facie the ingredients of the offence punishable u/s 4 of MCOCA attracts against the Respondent - accused. Considering the facts, particularly, in the light of the bar u/s 21(4) of MCOCA, the Special Court rightly rejected the application for bail filed by the Respondent herein. Accordingly, the impugned order of the High Court in Criminal Bail Application granting bail to the Respondent is set aside and the order of the special Judge is restored. In view of the same, the Respondent is directed to surrender before the Special Court within a period of two weeks from the date of passing of this order, failing which, the special Court is directed to take appropriate steps for his arrest. The appeal of State of Maharashtra is allowed.
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