IN THE COURT OF MCOCA SPECIAL JUDGE AT GREATER BOMBAY (Exclusive Special Court constituted for the cases under MCOCA/TADA/POTA AND OTHER SESSIONS CASES against the accused-Rajendra Sadashiv Nikalje @ Chhota Rajan)

BAIL APPLICATION (MCOCA) NO.671 OF 2022
(CNR NO.MHCC02-014186-2022)
IN

R.A. NO.909 OF 2022

Altaf s/o. Gafurbhai Patel,
Aged : 43 years, Occupation : Business, R/o. 3212-5, Kahrwa Chawl, L.H. Road, Surat. Gujarat395006. (At present lodged in Lajpore Central Prison, Surat at Gujarat) …. Applicant/accused no.4

Versus

The State of Maharashtra,

(At the instance of DCB CID, Anti Extortion Cell) …. Respondent

CORAM : HIS HONOUR THE SPECIAL JUDGE, MCOCA/POTA/TADA/NIA AND ADDL. SESSIONS JUDGE
SHRI A.M. PATIL. C.R.NO. : 57. . : 21.10.2022. DATE
———————————————————————————————–Adv. Mr. Rajendra Rathod for applicant/accused no.4.
SPP Mr. S.D. Gonsalves for the Respondent/State.
————————————————————————————————
ORDER

1. Applicant filed this application for grant of temporary bail on the ground that his daughter Naaz Altaf Patel has been selected by the KIFI ASSOCIATION-KUDO INTERNATIONAL FEDERATION INDIA to represent the India for the Kudo Asia Cup, 2022 being held in Sendai, Japan from 10.11.2022 to 17.11.2022 and for that purpose, being a father, the applicant has to attend physically before the VISA office and to arrange the amount to bear the expenses.

2.The present crime no.900/2022 is registered against the applicant in the Pydhonie Police Station for the offence under Sections 387, 120B, 506(ii) r/w. 34 along with Sections 3,25 of the Indian Arms Act and Sections 3(1)(ii), 3(2), 3(4) of the Maharashtra Control of Organized Crime Act, 1999 (hereinafter referred to as ‘MCOC Act’).

3.The applicant is in the jail at Gujarat for the offence punishable under the Gujarat Control of Terrorism and Organized Crime Act, 2015.

4.The learned SPP filed his reply and strongly opposed the bail on the ground that offence is very serious and if the bail is granted then possibility of fleeing away of the accused could not be ruled out. Hence, he prayed to reject the application.

5.Perused application and say. Also perused the order passed by the Hon’ble Sessions Judge at Surat on dated 15.10.2022. Considering the ground, the applicant is entitled to attend the VISA office as well as to arrange the amount of expenses. Hence, I pass the following order :

ORDER

(1) Criminal Bail Application No.671 of 2022 is partly allowed.

(2) The Jail Superintendent, Lajpore Central Prison, Surat, Gujarat is directed to arrange Police Escort to take the applicant/accused-Altaf s/o. Gafurbhai Patel to VISA office on 23.10.2022 from 08:00 am to
3 08:00 pm and also, on 24.10.2022 from 08:00 am to 08:00 pm.

(3) The applicant/accused shall incur expenses to be borne for Police Japta-Police Surveillance.

(4) A letter be issued to the said Jail by hand and by email. (5) Criminal Bail Application No.671 of 2022 stands disposed off accordingly.

Digitally signed by ASHISH MANOHARRAO ASHISH MANOHARRAO PATIL PATIL Date:
2022.10.21 15:59:18 +0530 (A.M. PATIL) Date : 21.10.2022 Place : Mumbai. SPECIAL JUDGE
Exclusive Special Court constituted for the cases under MCOCA/TADA/POTA AND OTHER SESSIONS CASES against the accused-Rajendra Sadashiv Nikalje @ Chhota Rajan Dictated and typed on : 21.10.2022. Signed on : 21.10.2022.

“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER”
DATE : 21.10.2022, AT 04:00 P.M. MAHESH KESHAV SAKHARKAR STENOGRAPHER GRADE-I UPLOAD DATE AND TIME NAME OF STENOGRAPHER Name of the Judge (with Court no.) : SHRI A.M. PATIL. C.R.NO.57. Date of pronouncement of judgment/order : 21.10.2022. Judgment/order signed by the P.O. on : 21.10.2022. Judgment/order uploaded on : 21.10.2022, AT 04:00 P.M.