ROSHAN GOVIND DAYARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicant seeks his release in an appeal filed in connection with C.R. No.242 of 2015 registered with Pen Police Station invoking Sections 395, 397, 347, 412 read with Section 120-B of the IPC and Section 4(25) of the Arms Act and Section 3(1)(ii), 3(2) and 3(4) of the MCOCA. The provisions of the MCOCA came to be invoked when the Inspector General of Police Konkan Range, Konkan Bhavan, Navi Mumbai granted permission to apply the provisions of the said Act.

(2.) The allegations as contained in the FIR reflect that on 29/12/2015 the Complainant Gopalkrushna Gupta was travelling in a rickshaw at about 1.15 p.m. after collecting cash amount from Pen Branch of Bank of Maharashtra. He was proceeding towards Varsai Branch for transferring the cash amount and when the rickshaw reached near Labguard Company at about 2.15 p.m., two motorcycles overtook the said rickshaw and there were three persons on the said motorcycles. They got down from the motorcycles and by pointing a country made pistol towards the Complainant, robbed him of cash amount of Rs.25 lakhs. This incident prompted the Complainant to lodge a FIR with the Pen Police Station. In connection with the said crime, the Applicant was arrested on 31/01/2016 and the Investigation was completed after obtaining the necessary sanction to prosecute, 12 accused persons are being prosecuted under the provisions of the MCOCA, the Applicant is being implicated as Accused No.12.

(3.) Mr. Nikam, learned counsel for the Applicant has invited my attention to the material contained in the charge-sheet and he urges that the charge-sheet do not allege or aver that he was one of the three persons, who had blocked the way of the Complainant and robbed the amount. He submits that, at this stage, even if the entire allegations are accepted to be true, the Applicant is alleged to be following the rickshaw on his motorcycle but did not play any active role in the actual robbery. He is identified in the test identification parade by one Sanjay Ipte. However, Sanjay Ipte was not present at the spot of the incident where the robbery took place but he has been roped to establish the conspiracy that has been hatched.