JAYSHREE KANABAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted.

(2.) The widow of the victim in MCOCA No.274/2021 arising out of Crime No.413/2020 registered at Bundgarden Police Station, Pune against respondent Nos.2 and 3 herein, who are respectively accused Nos.2 and 3 therein, filed this Special Leave Petition against the order dtd. 6/11/2023 in Criminal Bail Application No.2164/2022 of the High Court of Judicature at Bombay. The said crime was registered for offences punishable under Ss. 320, 120B, 201 and 212 of the Indian Penal Code, 1860 (for short, 'the IPC'), Sec. 3/25 of the Arms Act, 1959; Sec. 37(1)(3) read with Sec. 135 of the Maharashtra Police Act, 1951 and Ss. 3(1)(ii), 3(2) and 3(4) of the Maharashtra Control of Organized Crime Act, 1999 (for short, 'the MCOCA'). As per the impugned order, accused Nos.2 and 3 were granted bail in the said case. Manifold contentions have been raised to challenge the grant. Before delving into them, compendiously, we will refer to the prosecution's case which led to the case on hand.

(3.) There was a long-drawn civil dispute between the deceased Rajesh Haridas Kanabar on one side and families of respondent Nos.2 and 3 on the other over certain extent of land comprised in Gat No.348 situated at Bavdhan in Pune. Respondent Nos.2 and 3, who are accused Nos.1 and 2, appointed accused No.3 as their agent to take care of their legal matter and other issues relating to the aforesaid property. Though, a settlement was seemingly arrived at, the accused were under the impression that the deceased was not favourably responding to the settlement. On 5/10/2020, the revenue proceeding, which is an off-shoot of the civil dispute, was listed before the Collector of Pune. The accused, as also the deceased attended the proceedings. On coming out of the office of the Collector, when the deceased was purchasing fruits near the gate of State Bank of India at about 2:45 pm, accused No.4 viz., one Hasmukh Patel shot him with a country made pistol. The informant Sri Vishwas Dayanand Gangavane carried him to a nearby hospital where he was declared dead. Initially, charge sheet was filed against the accused sans accusation of commission of offences under MCOCA. However, a supplementary charge sheet was filed on 3/4/2021 whereunder offences under MCOCA were also inserted against them alleging that accused Nos.1 to 4 are members of the Organised Crime Syndicate of which accused No.4 is the gang leader and based on the conspiracy hatched between them, they killed Rajesh Kanabar to have unlawful gains.