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RANJITSING BRAHMAJEETSING SHARMA vs. STATE OF MAHARASHTRA AND ANR.

SCR Citation: [2005] 3 S.C.R. 345
Year/Volume: 2005/ Volume 3
Date of Judgment: 07 April 2005
Petitioner: RANJITSING BRAHMAJEETSING SHARMA
Disposal Nature: Appeal Allowed
Neutral Citation: 2005 INSC 190
Judgment Delivered by: Hon'ble Mr. Justice S.B. Sinha
Respondent: STATE OF MAHARASHTRA AND ANR.
Case Type: CRIMINAL APPEAL /523/2005
Order/Judgment: Judgment
1. Headnote

Maharashtra Control of Organized Crime Act, 1999 : ss. 3 and 24 read with ss. 2(d), 2(e), 2(1), and s. 21(4)-Interpretation of-Printing of counterfeit stamps-Accused arrested-During investigation, a police officer also arrested on ground of rendition of help and support to organized crime syndicate-Application for bail by police officer-Held, provisions of the Act must receive a strict construction so as to pass the test of reasonableness- s. 21(4) must be construed reasonably so that the court is able to maintain a delicate balance between a judgement of acquittal and conviction and an order granting bail much before commencement of trial Prima fasie s. 3(2) is not attracted-Order granting interim bail to continue-Penal Code-ss. 107 and 108-Constitution of India-Article 21. Evidence-Brain mapping test report-Admissibility of Words and Phrases : Expressions, 'abet', and 'conspiracy '-Meaning of in the context of the Maharashtra Control of Organised Crime Act, 1999 : case of printing counterfeit stamps and forgery in various States including the State of Maharashtra was unearthed and fake stamp papers worth lacs of rupees were recovered during appellant's tenure as Commissioner of Police, Pune. One 'T' was arrested and a case initially under various sections of Penal Code was registered. Later, s. 3 of the Maharashtra Control of Organised Crime Act, 1999 was invoked. During investigation, the appellant was arrested on the alleged ground of rendition of help and support to organized crime syndicate by acts of omission and commission, i.e. rendering help or support to a police officer through another police officer, both of whom were co-accused in the case. His bail application was rejected by the Special Judge as also by the High Court. Aggrieved, the accused filed the present appeal.

2. Case referred
3. Act
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4. Keyword
  • Maharashtra Control of Organized Crime Act
  • I 999 : ss. 3 and 24 read with ss. 2(d)
  • 2(e)
  • 2(f)
  • and s. 21(4)
5. Equivalent citation
    Citation(s) 2005 AIR 2277 = 2005 (5) SCC 294 = 2005 (5) Suppl. SCC 294 = 2005 (4) JT 123 = 2005 (4) Suppl. JT 123 = 2005 (3) SCALE 774