KIRAN MADHAV HAZARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is charge-sheeted in C.R.No. I-17 of 2018 registered with Kopargaon Taluka police station under Ss. 307, 397, 395, 379, 353, 333, 332, 427, 212, 201, 143, 147, 148, 149 of IPC, Sec. 7 of the Criminal Law Amendment Act, Sec. 37(1)(3), 135 of the Mumbai Police Act and Sec. 3 of the Prevention of Damages to Public Property Act.

(2.) In relation to the said crime, the applicant came to be arrested on 16/3/2018 along with other co-accused persons. On registration of the offence, on 5 th April 2018, a proposal was submitted for invoking the provisions of MCOCA and on 11/5/2018, prior approval was granted whereas the Directorate General of Police on 10/8/2018 accorded sanction for prosecution of the accused persons.

(3.) The applicant seek his release on bail in the aforesaid backdrop and apart from his argument that the C.R registered with Kopargaon police station which has invoked the provisions of MCOCA, no case is made out under Sec. 307 of the IPC, the prime offence for which he along with other co-accused came to be arrested. Learned counsel would also submit that the material placed on record for invoking the provisions of MCOCA falls short of the ingredients of the offence under Sec. 3(1)(ii) and 3(3) and 3(4) of the MCOCA. Another ground which is pressed into service is the release of co-accused on bail and the submission is merely on the pretext that the applicant is a gang leader, he remain incarcerated for last four years in absence of any inculpatory material compiled in the charge-sheet.