SONYA 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.29 of 2019 registered with Police Station Islampur, Sangli, for offences punishable under Ss. 307, 386, 341, 143, 147, 148, 149, 504, 506 of the Indian Penal Code (IPC), under Sec. 135 of Maharashtra Police Act and under Ss. 3(1)(ii), 3(2), 3(4), 3(5) of the Maharashtra Control of Organised Crime Act (MCOC Act).

(2.) It is the case of prosecution that the applicant along with other co-accused were members of organised crime syndicate. On 15/1/2019, at about 4.00 p.m., in front of a bakery at Shirala Naka, Islampur, accused no.1 namely Sonam Shinde along with applicant other co-accused came there and demanded moneys from the informant, who is running a beer shoppe and a multipurpose hall. It is further alleged that all the accused then started abusing and assaulting the informant. At this stage, applicant allegedly took out a sickle (koyta) and attempted to assault the informant on his neck. However, informant successfully warded off the blow and snatched the sickle and in exercise of his right of private defence, gave a blow on the leg of applicant and then managed to free himself and ran away from the spot.

(3.) Mr.Umesh Mankapure, learned counsel for the applicant, at the very outset, claims parity on the ground that the other co-accused who is named in the First Information Report (FIR), are released on bail by this Court (Coram : C. V. Bhadang, J.) on 4th January 2021 and trial Court. According to learned counsel for the applicant, he is ready to abide by all the conditions which may be imposed by this Court.