Case law

AIR 2007 SUPREME COURT 1133
(From: 2006 (5) AIR Bom R 405:2006 Cri LJ (NOC) 456)

Criminal Appeal Nos. 183 and 184 of 2007 (arising out of SLP (Cri.) Nos. 4600 and 4603 of 2006),
D/ 9-1-2007.

Dattatray Krishnaji Ghule v. State of Maharashtra & Anr.
AND
Hitendra Manohar Vichare v. State of Maharashtra.

Criminal P. C. (2 of 1974), S. 439 Maharashtra Control of Organised Crime Act (30 of 1999), S. 21(4)-Bail-Power to grant bail is not only subject to limita- tion imposed by S. 439, Cr.P.C. but also one placed by S. 21(4) of MCOCA (1999) Allegations in charge sheet not per se – sufficient to bring home offence under S. 3(2), MCOCA-Hence, maximum punishment provided under MCOCA is 3 years imprisonment out of which petitioners accused have been in judicial custody for 2 years It is a fit case for grant of bail.

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