DEVRAM GULAB GHOGARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned Counsel for the applicant and learned APP for the respondent.

(2.) This is an application for bail in respect of C.R. No. 349 of 2017 registered with Umbraj Police Station, Satara. The FIR is registered on 22/11/2017 lodged by the complainant for the offences punishable under Sec. 396, 458, 120(b), 109 of the Indian Penal Code and Sec. 3. (1)(i)(ii), 3(2), 3(4), 3(5) of the Maharashtra Control of Organised Crime Act, 1999 (for short 'MCOC Act').

(3.) It is alleged that in the intervening night between 21/11/2017 and 22/11/2017, 5 accused committed robbery. The applicant is shown as original accused no.4. It is alleged that while the informant was sleeping, his uncle Riyaz called from his mobile to inform him that he heard some sound near the door and suspected some thieves to be around. The informant went to check on the ground floor, when he found that the kitchen door was open. It is the case of the informant that he found his grandmother lying on the bed. Her bangles were broken and door of the showcase was open. The gold ornaments worn by her were missing from her person. The informant's grandmother was taken to the hospital where she was declared to be dead. It is the case of the informant that the gold ornaments to the tune of Rs.4,93,500.00 were stolen by the accused persons. The main accused, namely Rukul Dashrath Chavan is still absconding. The other accused along with the applicant came to be arrested on 27/11/2017.