(1.) The applicant, who is arraigned in Special Case (MCOCA) No.120 of 2021, arising out of C.R.No. 1094 of 2020, registered with Faraskhana Police Station, Pune for the offences punishable under Sec. 302, 143, 144, 147, 148 and 149 read with 34 of the Indian Penal Code, 1860 ('the Penal Code'), sec. 37(1) of the Arms Act, 1959, sec. 135 of the Maharashtra Police Act, 1951 and Sec. 3(1)(ii), 3(2), 3(4), 3(5) and 4 of the Maharashtra Control of Organised Crime Act, 1999 ('the MCOC Act, 1999), has preferred this application for grant of temporary bail for a period of 15 days to facilitate him to perform the rites and rituals of the deceased mother of the applicant.
(2.) The applicant is implicated as accused No.12 in abovenumbered C.R. No.1094 of 2020 lodged by Rahul Bhagwan Alamkhane, the son-in-law of Deepak Maratkar (the deceased). The deceased was a Social Worker. Since 15 years, there was a feud between Deepak Maratkar, on the one side, and Mahendra Saraf, Ashwini Kamble and Sunny Kolte, on the other side. Complaints and cross-complaints were lodged. On 2/10/2022, at about 12:15 a.m., on account of the previous enmity, Sunny Kolte, Sandeep Kolte, Rohit Kamble, Rahul Ragir and two others allegedly assaulted the deceased by means of deadly weapons and committed his murder, at the instance of Ashwini Kamble and Mahendra Saraf. Crime was registered at C.R. No. 1094 of 2020 with Faraskhana Police Station, Pune.
(3.) The applicant, who had been in custody in C.R. No.477 of 2015, registered with Kondhwa Police Station, Pune for the offences punishable under Sec. 307, 387, 447, 504, and 506(2) read with 34 of the Penal Code, sec. 4(25) of the Arms Act, 1959, sec. 37 (1) of the Bombay Police Act, 1951 and Sec. 3(1)(ii), 3(2), 3(4), 3(5) and 4 of the MCOC Act, 1999 since 8/5/2016, came to be also implicated as accused in C.R. No.1094 of 2020. Post completion of investigation, charge-sheet has been lodged leading to Special (MCOCA) Case No. 120 of 2021, which is pending on the fle of the learned Special Judge (MCOC), Pune.