Dismissed

Jitendra @ Bala Dattatray Deshmukh v. the State of Maharashtra

Bombay HC1 Sept 2021ABA/612/2021

Case brief

AI extract

What is this about?

The Criminal Appellate jurisdiction rejected an anticipatory bail application lodged under Section 438 Cr.P.C. in a case comprising offences under the I.P.C. and MCOCA, holding that an anticipatory bail application is not maintainable in cases where the accused is charged under the Maharashtra Control of Organized Crimes Act.

What did the court decide?

The application for pre-arrest bail was rejected.

Jitendra @ Bala Dattatray Deshmukh Vs the State of… — Anticipatory Bail | Bombay HC (2021)

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A BA -612-2021 (S R.22)
1S EPT,2021

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Rane

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 IN THE HIG H C O U RT O F JU D IC A TU RE A T BO M B A Y

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C RIM INA L A PPELLA TE JU RIS D IC TIO N

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 A NTIC IPA TO RY BA IL A PPLIC A TIO N NO . 612/ 2021

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Jitendra @ Bala D attatray D eshm ukh

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.....A pplicant

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V /s.

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The S tate of M aharashtra ....Respondent

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* * * *

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M r. Rahul S . Thakur, A dvocate for the applicant.

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M r. A jay Patil, A PP for S tate.

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Investigating O fficer, A PI, M r. D nyaneshw ar Bedodkar from Nerul
Police S tation present.

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C O RA M : S A ND EEP K. S HIND E, J.

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Wedenesday, 1st S eptem ber, 2021.

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P.C . :

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1. Heard learned C ounsel for the applicant and learned
A PP for S tate.

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2. A pplicant is seeking his pre-arrest bail in connection
w ith C rim e No. 490/2019 dated 14th Novem ber, 2019 registered
w ith Nerul Police S tation, Navi M um bai for the offences
punishable under S ections 302, 309, 120B, 364 read w ith
S ection 34 of the Indian Penal C ode.

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2/3 A BA -612-2021 (S R.22)
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3. Joint C om m issioner of Police, Navi M um bai vide order
dated 18th February, 2020 granted prior approval under S ection
23(1)(a) of the M aharashtra C ontrol of O rganized C rim es A ct,
1999 (“M C O C A ct” for short) to apply S ection 3(1)(i) of the
M C O C A ct to the offence/crim e in question. Whereafter on 14th
A pril, 2020 C om m issioner of Police, Navi M um bai granted
sanction under S ection 23(2) of the M C O C A ct to prosecute
arrested accused. A pplicant is a w anted accused.

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4. M r. Thakur, learned C ounsel for the applicant
subm its that, since sanction has not been granted under
S ection 23(2) of the M C O C A ct to prosecute the applicant,
there is no bar to entertain this application for pre-arrest bail.

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5. M r. Patil, learned Prosecutor w ould subm it that the
anticipatory bail application is not m aintainable in a case w here
accused has been charged of offence punishable under the
M C O C A ct. M r. Patil, relied on the order of this C ourt passed in
A nticipatory Bail A pplication No. 453/2018 dated 28th
Novem ber, 2018 (C handrakant V ishnu S aw ant & A nr. V /s. The
S tate of M aharashtra). In this application, Hon’ble Justice A .S .
G adkari has taken a view that “in view of the clear m andate of
the S ection 21(3) of M C O C A ct, an application under S ection
438 of C r.P.C . is not m aintainable”. I agree w ith this view .

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6. It m ay be stated, that the applicant had approached
this C ourt in C rim inal Writ Petition (S t.) No. 2561 of 2020

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A BA -612-2021 (S R.22)
1S EPT,2021

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challenging his prosecution under the M C O C A ct, w hich w as
“dism issed as w ithdraw n”.

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7. In consideration of the facts aforestated, the
application is rejected.

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8. It is m ade clear that, observations m ade
hereinabove, shall be construed as expression of opinion for
the purpose of rejecting bail only and the sam e shall not, in any
w ay, influence the trial in other proceedings.

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(S A ND EEP K. S HIND E, J.)

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Digitally signed by NEETA NEETA SHAILESH SHAILESH SAWANT SAWANT Date: 2021.09.04 14:14:01 +0530

Jitendra @ Bala Dattatray Deshmukh v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Jitendra @ Bala Dattatray Deshmukh v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

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