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Supreme Court of India 2021-12-03 allowed

The State of Maharashtra vs Pankaj Jagshi Gangar

Bench: 2 — M. R. Shah, Sanjiv Khanna

In Brief

The State of Maharashtra challenged a High Court order releasing an accused on interim bail in a MCOCA case. The accused had filed a writ petition challenging the constitutional validity of MCOCA provisions after his bail application was withdrawn before a Single Judge. The Supreme Court held that the High Court erred in granting bail through interim relief, finding it amounted to forum shopping and a virtual acquittal at the interim stage. The Court emphasized that the trial court had reasoned the bail denial and the severity of extortion charges warranted custodial detention. The appeal was allowed and the bail order quashed, directing the accused to surrender.

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Criminal Procedure Bail Organized Crime Writ Jurisdiction Constitutional Law

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