THE STATE OF MAHARASHTRA versus PANKAJ JAGSHI GANGAR

THE STATE OF MAHARASHTRA versus PANKAJ JAGSHI GANGAR

The Division Bench of the High Court erred in granting interim bail by holding the MCOCA sanction to be invalid and thereby effectively exonerating the accused at the interim stage; that order was quashed and set aside and the accused was directed to surrender and face trial.

Parties
Appellant: State of Maharashtra; Respondent (accused): Pankaj Jagshi Gangar
Jurisdiction
India
Judgment Date
03 December 2021
Procedural Posture
Criminal Appeal / Appeal Against Division Bench Order of the High Court Dated 29.01.2019 Granting Interim Bail
Outcome
Appeal allowed
Legal Topics
Bail, Maharashtra Control of Organised Crime Act, 1999 (mcoca), Forum Shopping, Sanction to Prosecute
Criminal Law Constitutional Law Bail Maharashtra Control of Organised Crime Act, 1999 (mcoca) Forum Shopping Sanction to Prosecute

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Parties

State of Maharashtra

Appellant

Pankaj Jagshi Gangar

Respondent (accused)

Procedural Posture

Criminal Appeal / Appeal Against Division Bench Order of the High Court Dated 29.01.2019 Granting Interim Bail

Legal Issues

  1. 1 Validity/constitutionality of Section 23(1)(a) MCOCA
  2. 2 Validity/constitutionality of Section 21(4) MCOCA (bail conditions)
  3. 3 Whether Division Bench may grant interim bail exonerating accused from MCOCA at interim stage

Ratio Decidendi

The Division Bench of the High Court erred in granting interim bail by holding the MCOCA sanction to be invalid and thereby effectively exonerating the accused at the interim stage; that order was quashed and set aside and the accused was directed to surrender and face trial.

Court Disposition

Appeal allowed

Orders

  • Impugned order dated 29.01.2019 passed by the Division Bench of the High Court in Criminal Writ Petition No.4639 of 2018 releasing the respondent on bail is quashed and set aside
  • Respondent-accused directed to surrender forthwith and face trial