RAHUL MACCHINDRA SHINDE @ BARKUL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for bail under Section 439 of Code of Criminal Procedure in connection with CR No.I-122 of 2017 registered with Manpada Police Station, Thane for offences under Sections 395, 397 and 412 of Indian Penal Code. Subsequently Sections 3(1)(ii), 3(2) and 3(4) of Maharashtra Control of Organized Crimes Act, 1999 ('MCOC Act ' for short) were invoked. The applicant was arrested on 10th March 2017.

(2.) The prosecution case is that Police received information that some thieves have entered into the premises for committing robbery. Police proceeded to the said place. It was noticed that five persons were present in the premises. One of them was carrying knife and article was stolen by him. All of them tried to run away from the place of incident. Police managed to apprehend one person amongst the five persons. He disclosed his name as Datta Shinde. He showed three places where theft were committed. The investigation revealed that accused has snatched the cell phone of the watchman who was on duty and theft in the house of Harishchandra Walavalkar. The ornaments were recovered at the instance of accused. Involvement of applicant was disclosed during the course of investigation. It is the case of prosecution that the applicant and others are indulging in unlawful activities as a member of crime syndicate and committed several offences of similar nature. The applicant is the gang leader. About 21 cases were registered against him out of which 9 cases are resulted in acquittal and 11 cases are pending against him. Statements of witnesses were recorded. Approval was granted for invoking provisions of MCOC Act. Subsequently sanction was also accorded for prosecution under he provisions of MCOC Act. On completing investigation charge sheet was filed.

(3.) The applicant had preferred application for bail before Special Court constituted under MCOC Act. The said application was rejected vide order dated 4th April 2019.