SUBHASH MOHAN PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicants (1) Subhash s/o Mohan Pawar - applicant in B.A. No.850/2020, (2) Virendra @ Satish s/o Sopanrao Kanoji (Bhandari) - applicant in B.A.No.1010/2020, (3) Vinod s/o Dayalu Dighore (applicant in B.A. No.895/2020 and (4) Gurucharansingh @ Lucky s/o Sampuransingh Gill - applicant in B.A.No.905/2020, are seeking bail in connection with Crime No. 176/2019, registered with Itwara Police Station, Nanded for the offences punishable under Ss. 307, 120-BB, 161, 384 read with Sec. 34 of the Indian Penal Code and Under Ss. 3, 25 and 27 of the Indian Arms Act and under Sec. 3(1)(i)(ii), 3(2) and 3(4) of the Maharashtra Control of Organized Crime ("MCOC") Act, 1999.

(2.) Brief facts of the crime are as follows: On the basis of the complaint lodged by one Govind Tulshiram Kokulwar, Crime No.176/2019 came to be registered at Itwara Police Station, Nanded, for the offences punishable under Ss. 307, 120-BB, 161, 384 read with Sec. 34 of the Indian Penal Code and Under Ss. 3, 25 and 27 of the Indian Arms Act against unknown persons. On 17 th August, 2019, informant Govind proceeded in his four wheeler bearing Registration No.MH-B26-BBC-B7212 for visiting his ongoing construction at Raja Ranjitsingh Market, Old Mondha, Nanded. After inspecting the said construction, at about 4.30 p.m., informant Govind proceeded towards his ofce. On reaching the ofce, situated at Vinkar Colony, Nanded, the informant parked his four wheeler and started proceeding towards his ofce. At that time, he felt something like sustaining electric shock on his back of the body and he fell down. He was immediately taken to a near hospital of Dr.Bhopale. Dr.Bhopale after preliminary examination, advised to shift the informant to a superspeciality hospital. Informant Govind, thus, was thereafter taken to Global Hospital, Nanded and on his examination, he was treated. The concerned doctor, who has treated informant Govind, has opined that informant Govind has sustained bullet injury on his back.

(3.) Thereafter investigation was carried out by the then Investigating Ofcer and on the basis of CCTV footage and other material collected during the course of the investigation, initially six accused persons were traced out. Accused Bajrang @ Yodha Bhimrao Narwade, accused Raju s/o Deorao Raut, accused Gurucharansingh @ Lucky s/o Sampuransingh Gill (applicant in B.A.No.905/2020, Syed Najidoddin @ Guddu s/o Syed Muniroddin, Subhash s/o Mohan Pawar (applicant in B.A.No.850/2020) came to be arrested in connection with the crime. Some of them came to be arrested along with pistol and live cartridges, etc. Thereafter two more accused persons came to be arrested in connection with the present crime, namely, Virendra @ Satish s/o Sopanrao Kanoji (applicant in B.A. No.1010/2020) and Vinod s/o Dayalu Dighore (applicant in B.A. No.895/2020).