(R. Banumathi and Indira Banerjee, JJ.)
Satish Sakharam Mangle and Others ________________ Appellant(s);
v.
State of Maharashtra and Another _________________ Respondent(s).
Criminal Appeal No(S). 1130 of 2018 [Arising out of SLP (Crl.) No. 6104 of 2018], decided on September 6, 2018
The Order of the court was delivered by
R. Banumathi, J.:—
1. Leave granted.
2. The appellant is in custody for the alleged commission of the offence under Sections 384, 386, 387 read with 34 I.P.C. and under Sections 3(1)(ii), 3(2) and 3(4) of the Maharashtra Control of Organised Crime Act 1999 (MCOCA 1999).
3. The issue in-question in this appeal is the correctness of the order of transfer of case, Special Case bearing NO. 1 of 2018, from one MCOCA Judge to another MCOCA Judge at Thane, Maharashtra.
4. We have heard Mr. Satish Maneshinde, learned counsel appearing for the appellants, Mr. Ranjit Kumar, learned senior counsel appearing for the respondent/complainant and also Mr. Nishant R. Katneshwarkar, learned counsel appearing for the respondent-State. We have considered the impugned order and also the materials on record.
5. Without going into the merits of the matter, we are constrained to observe that the High Court was not right in finding fault with the officer (MCOCA Judge from whom the case was transferred) for trying to expedite the hearing of the bail application. In our view, for mere zest by judicial officer in taking up the bail application and expediting the hearing, no motive could be attributed to the judicial officer. Merely because the officer expedited the hearing, it could not have been made a ground for transfer.
6. However, without expressing any opinion on the merits of the matter, we are of the view that interests of justice would be served by transferring Special Case bearing NO. 1 of 2018 pending before the Special Court under the MCOCA at Thane to the senior most MCOCA Judge, Mr. V.S. Padalkar, at Mumbai.
7. This appeal is accordingly allowed with the following directions:
(i) Special Case bearing NO. 1 of 2018 pending before the Special Court under the MCOCA Act at Thane (presided over by the Special Judge, S.B. Bahalkar, District Judge-4 and Additional Sessions Judge, Thane) is transferred to the senior most Judge, Mr. V.S. Padalkar, under the MCOCA at Mumbai.;
(ii) The State of Maharashtra shall ensure issuance of notification within a period of one week from today in this regard, vesting the power upon the senior most Judge under the MCOCA at Mumbai to try Special Case bearing NO. 1 of 2018.;
(iii) The senior most Judge under the MCOCA, Mumbai, shall hear the bail application in Special Case bearing No. 1 of 2018 expeditiously in accordance with law preferably within one week after the issuance of the notification and dispose of the same within a period of four weeks thereafter.
Petition(s) for Special Leave to Appeal (Crl.) No(s). 6104/2018
Satish Sakharam Mangle and Others _______________ Appellant(s)
v.
State of Maharashtra and Another _________________ Respondent(s)
(IA 102400/2018 – Exemp. Form filing C/c of the impugned Judg., IA 116644/2018 – Permission to file Addl. Documents/facts)
Date: 06-09-2018 This matter was called on for hearing today.
(Before R. Banumathi and Indira Banerjee, JJ.)
For Petitioner(s) Mr. Satish Maneshinde, Adv.
Ms. Amrita Panda, Adv.
Ms. Snehal Khairnar, Adv. Ms. Lakshmi Raman, Adv.
Mr. Neil Chatterjee, Adv. Mr. Nikhil Maneshinde, Adv.
Mr. Debesh Panda, AOR
Mr. Sadanand Shetty, Adv.
For Respondent(s) Mr. Ranjit Kumar, Sr. Adv. (R-2)
Mr. Mukul Rohatgi, Sr. Adv.
Mr. Aman Preet Singh Rahi, Adv.
Ms. V.S. Lakshmi, Adv.
Mr. Rishi Raj Sharma, Adv.
Mr. A. Venayagam Balan, AOR (R-1) Mr. Nishant Ramakantrao Katneshwarkar, AOR
UPON hearing the counsel the Court made the following
ORDER
8. Leave granted.
9. In terms of the signed non-reportable Order, the appeal is allowed.
10. Pending applications, if any, shall also stand disposed of.
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