SHILPESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By way of this application under Section 439 of the Code of Criminal Procedure, the applicant who is one of the accused in Crime No. 174/2019, registered with Nanded (Rural) Police Station, District Nanded, for the offences punishable under Section 302 , 307 , 397 , 398 , 120B , read with Section 34 of the Indian Penal Code, offence under Section 25 read with Section 3 and 27 read with Section 3 of the Arms Act and under Section 3(1)(i) 3(1)(ii), 3(2) and 3(4) of the Maharashtra Control of Organized Crime Act, 1999 ( hereinafter referred to 'MCOC Act') is seeking bail after filing of the charge-sheet.

(2.) As can be discerned from the charge-sheet, the allegations are to the effect that one Harjindarsingh @ Harjitsingh @ Akash s/o Jagatsingh Gadiwale, r/o. Nanded (accused No. 8 herein) was in a Magestrial custody and lodged in a sub jail at Kiratpur in Ropar District of Punjab for the offence bearing Crime No. 101/2016 under Section 302 , read with Section 34 of the Indian Penal Code and Section 25 of the Arms Act. His brother Surendrasingh along with other accused including the applicant hatched a conspiracy to rescue Harjindarsing from the jail. They were in need of a vehicle.

(3.) It is then alleged that on 08.04.2019 two of the accused persons intercepted a swift car of one Bashirkhan Pathan wherein Dr. Satish Gaikwad and his family was travelling. Couple of boys who were travelling on a motor cycle stopped the car by bringing the motor cycle in its front side and one of the boys fired with a pistol. The bullet brushed the back of Dr. Gaikwad and then landed on the left hand of Bashir who was in the driver's seat. The boys then asked them to alight and insisted them for handing them over the keys of the car but some how Dr. Gaikwad and his family members managed to run away from the spot and reached a nearby place where some police officers were present.