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Maharashtra Control of Organised Crime Act, 1999
Section 12—Grant of regular bail—Appeal—Accused persons, who were stated to be involved in cases with the kingpin of organized crime syndicate, approached the court of Special Judge with an application for joining investigation and grant of bail—Case of appellant that regular bail was granted to both accused persons without they being in judicial custody and they were directed to join investigation as and when required by IO—Material on record reflects that both the accused persons are continuing unlawful activities unabated on behalf of alleged organized crime syndicate—Accused persons were arrested in an another case registered under IPC and Arms Act after the passing of impugned order, which gives cause of action to the State to approach Court of Special Judge, MCOCA for re-considering the impugned order for cancellation of bail—An opportunity granted to the State to approach the Court of Special Judge, MCOCA in terms of the liberty granted in impugned order and move applications for cancellation of bails in both the cases—Applications to be filed by State may be disposed of by Special Judge, keeping in view the provisions of Section 21 of the Maharashtra Control of Organised Crime Act—Appeal disposed of with directions.
[Paras 3 to 6]