SOMNATH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is seeking Regular Bail in connection with Crime No.129 of 2018 registered with Purna Police Station, District Parbhani for the offences punishable under Sections 326 , 143 , 147 , 148 , 149 of IPC, Section 7 of the Criminal Amended Act, under Section 37 (1), (3)/135 of the Maharashtra Police Act, 1951 and Section 3(i)(ii), 3(2), 3(4) of the Maharashtra Control of Organised Crime Act, 1999. His application with similar prayer bearing Special MCOCA Case No.4 of 2019 came to be rejected by the Special Judge (MCOCA), Aurangabad vide order dated 04.12.2019.

(2.) Learned counsel for the applicant submits that the incident as alleged in the complaint had taken place as of sudden without any premeditation. In view of the same, Section 2 (1) clause (d) of the Maharashtra Control of Organised Crime Act, 1999 (for short "MCOC Act") is not applicable. Learned counsel submits that so far as Section 2 (1) clause (e) of MCOC Act is concerned, it has not been revealed during the course of investigation that the applicant has committed alleged offence as a member of an organised crime syndicate or on behalf of such syndicate, with the objective of gaining pecuniary benefits or gaining undue economic or other advantage. Learned counsel submits that the informant has sustained only two injuries and as per medical certificate issued by the Medical Superintendent, Rural Hospital, Purna, both injuries were simple in nature. However, in second injury certificate, issued by one another Doctor, the fracture injury to the left forearm of the informant was noted. Learned counsel submits that as per the prosecution case, the applicant is involved in as many as six serious offences, which provide more than three years imprisonment. However, out of six offences, the applicant came to be acquitted in two crimes, vide Crime No.103 of 2013 registered at Purna Police Station for the offences punishable under Sections 307 , 324 , 323 , 504 , 143 , 147 , 148 , 149 of IPC and Crime No.46 of 2013 registered with at Purna Police Station for the offences punishable under Sections 324 , 323 , 504 , 506 of IPC, respectively. Learned counsel submits that rest of four crimes, no specific role has been attributed to the applicant. Learned counsel submits the application of the provisions of MCOC Act is without application of mind. Even though, the applicant came to be acquitted in two crimes as mentioned above, those crimes have been shown in the approval and sanctioned order. Learned counsel submits that the applicant is entitled to be released on bail.

(3.) Learned APP has strongly resisted the application on the ground that Section 2 (1) clause (d) of MCOC Act is applicable to the case of applicant. Prima facie, there is an evidence about continuing unlawful activities by the applicant as a member of an organised crime syndicate. Learned APP submits that in terms of the provisions of Section 21 (4) of MCOC Act, the applicant is not entitled to be released on bail.