GOPAL BAJIRAO ANKUSHARAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) By this application, the applicant seeks his enlargement on bail in connection with C.R. No. 244/2018 registered with the Pandharpur Police Station, for the alleged offences punishable under Sections 302, 303, 120B, 201, 143, 147, 148, 149 of the Indian Penal Code ('IPC'); under Sections 3, 4, 5, 25 and 27 of the Arms Act; under Section 135 of the Maharashtra Police Act and under Sections 3(1)(i), 3(1)(ii), 3(2) and 3(4) of the Maharashtra Control of Organized Crime Act ('MCOC Act').

(3.) Learned counsel for the applicant submits that there is no material to connect the applicant with the alleged offence. He submits that the applicant's statement has not been recorded under Section 18 of the MCOC Act and that the statement of other co-accused recorded under Section 18 of the MCOC Act does not point to the applicant's complicity in the alleged crime. He further submits that the applicant was in custody in connection with another C.R. i.e. C.R. No. 797/2016 at the time of the alleged offence i.e. on 18th March 2018, when Sandeep Pawar was murdered. He submits that the 3 alleged witnesses on conspiracy, also do not throw any light as to what was the conversation that took place between the applicant and other co-accused. He submits that since the circumstances on record do not show the involvement of the applicant in the alleged crime, there is no impediment to grant of bail to the applicant in view of Section 21(4) of the MCOC Act.