LAWS(BOM)-2021-2-187

RAJU Vs. STATE OF MAHARASHTRA

Decided On February 26, 2021
RAJU Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) By these applications, applicants are seeking enlargement on bail in connection with the Crime No. 472/2018 registered with Narpoli Police Station for the offences punishable under Sections, 387, 115, 120-B, 511 of the Indian Penal Code, 1860 with Section 3, 25 of the Arms Act and Section 3 (1)(ii), 3 (2), 3 (4) of the Maharashtra Control of Organized Crime Act (MCOC Act for short).

(2.) Prosecution case is as under; on 6th December, 2018, crime no. 468 of 2018 came to be registered under Sections 307, 504 of the Indian Penal Code, 1860 at the instance of injured Arjun Pavitra Sarkar, who was assaulted with country made pistol by his relative Dulal Mandal, at Kasheli Pipe Line. Accused Dulal Mandal was apprehended on 8th December, 2018 alongwith Jaisingh @ Girwasingh Bunty Thakur ('Bunty Thakur' for short - applicant in application no. 3017 / 2019).

(3.) Interrogation of Dulal Mandal and Bunty Thakur in crime no. 468 / 2018 revealed that they were planning to cause annoyance and terror in Thane City by targeting persons engaged in the construction business for undue pecuniary gains, being members of a gang, headed by Rai @ Rajesh Karotiya. Interrogation also, revealed that on 23rd November, 2018 Dulal Mandal, Bunty Thakur, Anju & Prabhakar, had hired a tourist a taxi (white colour Ertiga Car) for going to Nashik. After proceeding up to Kasara above named persons asked driver, Arvind Dixit to turn back and on the way, they opened the fre and shot him dead and threw his body at isolated place, near Shahpur. Thereafter, they changed the number plate of the car. As such crime no. 551 / 2018 was registered at Shahpur Police Station under Sections 302, 201 against the unknown persons. That further interrogation of Dulal Mandal and Bunty Thakur. revealed that a meeting was held somewhere around in last week of November between Bunty Thakur, Dulal Mandal, Kali @ Pramod Nunair, Hindu Gangwasi, Rai@ Rajesh Karotiya @ Prabhakar Thakur near Kasheli, Bridge, wherein applicants and above named accused persons conspired to target the persons engaged in the construction business and such other rich persons by kidnapping them for ransom by threatening and using the fre arms with the object of gaining undue economic or pecuniary benefts.