AMAR BHIMSING RAJPUT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present application has been moved by the applicant under Sec. 439 of the Code of Criminal Procedure in Crime No.20 of 2020 registered with Police Station Jaisingpur, Kolhapur, for offences punishable under Sec. 302, 307, 201, 212, 364, 120-B, 143, 147, 148, 149, 504, 506(2) of the Indian Penal Code (IPC), Sec. 4(25) of the Arms Act and Ss. 3(1)(i), 3(1)(ii), 3(2), 3(4), 3(5) and 21 of the Maharashtra Control of Organized Crimes Act (MCOC Act).

(2.) The prosecution story, in short, is that informant along with his friend Nursing Murti were working as drivers of Containers of A.M.Transport situated at Nilmangla, District - Bengluru. Accused Shaikh Zuber Ahmed (A-3) is their employer. On 18th January 2020, at about 2.30 p.m., informant and said Nursing Murti left for Athani by taking container bearing no.KA52-A-9870 loaded with 150 bags of Vimal Gutkha and reached there at about 2.00 a.m. on 19th January 2020. In the early morning both of them found that 53 bags of Vimal Gutkha were missing and accordingly the informant apprised this fact to accused Shaikh Zuber Ahmed.

(3.) According to prosecution, at about 10.00 a.m., accused Shaikh Zuber Ahmed along with accused Imran Altaf Pasha (A-4), Ashraf Ali Usman Ali (A-5) and Sajid Patni (A-6) came and started blaming the informant and said Nursing Murti to be the thieves. They were also beaten by means of wooden logs. The prosecution alleges that the said accused then took informant and Nursing Murti to Miraj in a newly constructed building and tied their hands and legs with chair. Another 4 to 5 persons arrived and started beating them severely by means of wooden logs, belt and hockey sticks. From there they were again taken to Dhanoli and there also they were again beaten.