STATE Vs. SATYA PRAKASH

JUDGEMENT

(1.) THE State has filed the instant petition, while challenging the order dated 15.05.2010 passed by learned Additional Sessions Judge whereby the respondent has been admitted to regular bail.

(2.) THE brief facts of the case are that on 10.01.2009, a case under Section 3 (2) (4) of the Maharashtra Control of Organized Crime Act, 1999 (hereinafter referred as to 'MCOC Act ') was registered at the police station Nand Ngari, Delhi vide FIR No.9/2009, against respondent after obtaining sanction from the Joint Commissioner of Police vide its order dated 09.01.2009, pursuant to the proposal sent by Inspector Satish Kumar, SHO police station Nand Nagari dated 05.12.2008. In the said proposal, six FIRs were referred to, starting from the year 2007 to 2008 against the respondent for obtaining the approval from the Joint Commissioner of police. The particulars of the six FIRs are as follows:-

(3.) FURTHER alleged that the respondent was convicted in a case under Section 392/397/34 IPC registered at police station Dilshad Garden, Delhi vide FIR No.14/2003. In addition to that on 10.08.2007, respondent alongwith his associates opened gun fire on one Afsar Ali. On 05.01.2008, he robbed one jewellery shop at Shyam Park Extension, Sahibabad, District Ghaziabad, UP alongwith his seven associates. Further alleged that on 04.02.2008, respondent alongwith his associates opened fire at Mohan Shiva Petrol Pump, Defence Colony, Sahibabad, District Ghaziabad, UP thereby causing serious injuries to the salesman of the petrol pump. On 30.04.2008, respondent alongwith three other associates were apprehended by the UP police of police station Sahibabad, District Ghaziabad, UP and one country made pistol, two live cartridges, 100 Grams heroine and looted property were recovered from his possession and his associates.