Sharad Hiraman Mohol v. the State of Maharashtra
Case brief
What is this about?
The High Court of Judicature at Bombay dismissed the bail application of an applicant accused of extortion and offenses under the Indian Penal Code. Despite arguments regarding lack of evidence and procedural deficiencies in invoking the Maharashtra Control of Organized Crimes Act, the court found the case against the applicant prima facie made out. The application was rejected based on the bar un
What did the court decide?
Bail application rejected; no case for grant of bail made out under Section 21(4) of MCOC Act.
What the court decided
1 of 6 2.BA.929.2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.929 OF 2019
Sharad Hiraman Mohol, Age 28 years, Occ.Labourer, R/o.112, Mauli Nagar, Sutardara, near Stone Crusher, Paud Road, Kothrud, Pune (Presently lodged in Jail)
Applicant
versus
The State of Maharashtra
Respondent
Mr.Satyavrat Joshi with Sunil Shivaji Kamble for applicant. Mr.S.H.Yadav, APP, for State.
CORAM : PRAKASH D. NAIK, J.
PC :
- The applicant is arrested on 25th April 2015 in connection with CR No.115 of 2015 registered with Khadak Police Station, Pune for offences under Section 387 r/w 34 of IPC. The FIR was lodged on 14th April 2015.
Issues for consideration
3 issues framed by the court
Whether the applicant deserves bail given his alleged role in a gang and the provisions of the Maharashtra Control of Organized Crimes Act.
Whether the reliance on precedents in Writ Petition No.1670/2019, Prasad Shrikant Purohit, and Ranjit Singh Sharma is applicable to the present facts.
Whether the approval and sanction granted under Section 23(2) of the MCOC Act were valid in light of the available material.
Parties & counsel
- applicant
Sharad Hiraman Mohol
- respondent
The State of Maharashtra
Coram
Prakash D. Naik
Case details
As recorded by the court registry
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