ABHIJIT NIWAS SANKPAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicant, original accused No.3 has been arrested in connection with C.R. No.10 of 2018 registered with Hupari Police Station on 18/01/2018 invoking Sections 341, 395, 363 of the Indian Penal Code. Subsequently, the provisions of Maharashtra Control of Organized Crime Act ("MCOCA"), in particular, Sections 3(1)(ii), 3(2), 3(4) and 3(5) thereof, were added. Charge-sheet was filed against 10 accused persons, out of which accused Sunny Mohite is absconding. The Applicant came to be arrested in connection with the said crime on 04/02/2018 and the charge-sheet came to be instituted in the MCOCA Special Court at Pune in the month of August, 2018. The bail application of the Applicant being rejected by the Special Court, he has approached this court.

(2.) Mr. Mundargi, learned counsel for the Applicant would submit that the charge-sheet does not reflect any material involving him as a member of the gang, who is alleged to be a member of an organized crime syndicate which committed the offence. C.R. No.10 of 2018 was registered at the instance of an informant, who alleged that on 16/01/2018, when he was driving a truck loaded with 22 tons of iron rods of Arya Steel Company Limited to be delivered to one Punamaram Chaudhary of Rabkavi village in Karanataka State and while the truck was en- route from Arya Steel Company, at Kagal in Kolhapur at 1.30 a.m., some unknown persons on motorcycles intercepted the truck and the complainant and the driver were asked to get down from the truck and they were assaulted. It is alleged that their mobile phones and an amount of Rs.1,000/- were snatched and they were made to sit in a white coloured car after being blindfolded, which went round and round and at about 5.30 a.m., the driver and the complainant were dropped off at Tavandi Ghat on Highway No.4 and they left in the car. The Complainant alleged that they were robbed of the iron rods, cash and mobile phones worth Rs.10,15,993/-. This is the offence in which subsequently the provisions of MCOCA were added.

(3.) Learned A.P.P. relies on certain statements in the charge- sheet indicating that the charge-sheet reflects that the iron rods in the truck, which was intercepted in the night of 16/01/2018 from the truck of the complainant were subsequently found to be loaded in a truck bearing No. MH 09 BA 7400, which is registered in the name of the Applicant and that is how he is connected to the crime in question.