AKASH @ GANGU DILIP MORE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal, filed under Sec. 14-A of the Scheduled Castes and the Scheduled Tribes (Prevention of the Atrocities) Act, 1989 (herein after referred to as 'Atrocity Act ') read with Sec. 439 and 167(2) of the Code of Criminal Procedure, 1973 (herein after referred to as 'Cr.P.C. '), challenge is to the order dtd. 30/8/2021 whereby the learned Special Judge rejected the application made by the appellants for default bail under Sec. 167(2)(a)(i) of the Cr.P.C.

(2.) The facts leading to this appeal are as follows:

(3.) In the course of the investigation, the investigating officer came across the evidence that the appellant- Prashant alias Sonu Chavre is a gang leader. He has been committing offences with other accused and other persons. Therefore, the investigating officer found that the appellants could be prosecuted for commission of an offences under Sec. 3(1)(ii), 3(2) and 3(4) of the Maharashtra Control of Organised Crime Act, 1999 (herein after referred to as 'MCOC Act '). As such the investigating officer, sought the permission of the Police Commissioner, Amravati to apply these offences in the registered crime against the appellants. The Commissioner granted approval vide order dtd. 13/8/2021.