SAMEER @ SONYA JALINDER BODKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present application has been moved by the applicant under Section 439 of the Code of Criminal Procedure in C.R. No. 560 of 2018 registered with Dehuroad Police Station, District- Pune for the offences punishable under Sections 394, 364 (A), 120(B), 341, 504, 506 r/w 34 of the Indian Penal Code and under Section 4(25) of Arms Act and Sections 3(1)(ii), 3(4) of the Maharashtra Control of Organized Crime Act, 1999 (MCOC Act).

(2.) The prosecution case in short is that on 12/10/2018 at about 10.30 p.m., when the informant was proceeding towards his house on a motorcycle and had reached near Mamurdi, near Masurkar Farm, two unknown persons came there and intercepted the informant. They forcibly made him sit on their motorcycle and took him towards the side of Mamurdi and stopped motorcycle in the darkness. The prosecution alleges that they abused and assaulted the informant with deadly weapon like sickle. After putting sickle on informant 's neck, they forcibly took gold chain, gold ring and one mobile phone worth Rs.12,000/- and threatened him to kill. The informant accordingly lodged the report against two unknown persons.

(3.) During the course of investigation applicant and a juvenile in conflict with law came to be arrested. During the Test Identification Parade, the informant identified the applicant as the main accused. Even there was recovery of gold ornaments and mobile came to be recovered at the instance of applicant.