VIJAY KRISHNA RAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for suspension of sentence and grant of bail during the pendency of Criminal Appeal No.1165 of 2019 preferred by the applicant challenging the Judgment and Order dated 26th April 2019 passed by Additional Sessions Judge and Special Judge under the Maharashtra Control Organized Crime (for short "MCOC" Act) for Greater Mumbai at Mumbai in MCOC Special Case No. 4 of 2015.

(2.) The applicant is convicted for the ofence punishable under Section 120-B of Indian penal Code (for short " IPC ") and sentenced to sufer rigorous imprisonment for 4 years and to pay fine of Rs.5,000/-. He is also convicted for the ofence under Section 387 read with 34 of the IPC and sentenced to sufer imprisonment for 4 years and to pay fine of Rs.5,000/-. He has been further convicted for the ofence under Section 3 (1) (ii) of the MCOC Act and sentenced to sufer rigorous imprisonment for 10 years and to pay fine of Rs. 5,00,000/- (Rupees Five Lacs Only) and in default to sufer rigorous imprisonment for 1 year, and for the ofence under Section 3 (2) of MCOC Act and sentenced to sufer rigorous imprisonment for 10 years and to pay fine of Rs. 5,00,000/- in default to sufer rigorous imprisonment for 1 year. For the ofence under Section 25 (1-B) (a) of Arms Act and for the ofence under Section 135 read with 37 (1) of the Maharashtra Police Act, the applicant was ordered to sufer rigorous imprisonment for 1 year and 6 months Respectively. All the sentences were directed to run concurrently.

(3.) The prosecution case is that, the complainant received call from unknown persons on 27 th August 2014 at about 04:25 p.m. on his mobile No.9821117412 claiming himself to be Ravi Poojari and demanded Rupees Two Crores and gave his mobile number for contact. He again received call at about 09:56 p.m. and threat was given for extortion. Thereafter, on 29 th August 2014 at about 04:04 p.m. the complainant again received call for extortion amount and threat. On the same day he received another call at about 11:44 p.m. but he did not attend it. On 28 th November 2014 at 05:31 p.m. he received call from mobile number 917715091387 on his mobile. The caller questioned him why he did not talk to his boss and asked him to talk to his boss. The complainant received message that he should talk to Ravi Poojari and settle the issue or face dire consequences. At 06:15 p.m. he again received message asking him as to why he has closed his old number. PW No.21 approached Extortion Cell and lodged report. Ofence was registered. At 09:50 p.m. PW No.25 received information that some persons are coming to Chembur to eliminate the builder. They proceeded to Chembur at about 11:00 p.m. At about 11:45 p.m. three persons were found in front of Hotel Shubh Laxmi and they were identified by the informer as associates of Ravi Poojari. They were apprehended. Personal search was conducted. Accused No.1 (Applicant) was found in possession of country made revolver with one cartridge and cash of Rs.1,00,000/- (Rupees One Lac Only) 12 SIM Cards in the plastic container were found with him. Three mobiles were also recovered from him with SIM Cards. Accused were arrested. Investigation was conducted, charge sheet was filed.