HIRU @ HIRAMAN JAGDISH GANGWANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the present application, the applicant seek his release on bail, on being charge-sheeted for the offences punishable under Sections 3(1)(2), 3(2), 3(4) of the Maharashtra Control of Organised Crime Act, 1999 ("MCOCA") alongwith Sections 387, 511, 115, 120-B of the Indian Penal Code ("IPC"), Sections 3 and 25 of the Arms Act and Sections 37(1) and 135 of the Maharashtra Police Act.

(2.) While considering the application fled, seeking release on bail, it would be imperative to consider the statutory mandate as contained in sub-section (4) of Section 21 of MCOCA, which reads thus :-

(3.) In order to ascertain whether there are any reasonable grounds for believing that the applicant is not guilty of such offence, I have perused the material collated in the charge- sheet by the prosecution and heard learned counsel Mr.Tangsali appearing for the applicant and learned APP Mr.Agarkar appearing for the State. Their arguments can be appreciated on narration of the case of the prosecution, which can be concisely stated as under:-