FAISALULLAH INAYATHULLAH SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicant is a young boy aged 23 years, who is incarcerated pursuant to his arrest on 18/11/2020 in CR NO.332/2020 registered with Trombay Police Station. The said CR invoke offene punishable under Ss. 302, 504, 506, 427, 143, 144, 147, 148, 149 of the Indian Penal Code read with Sec. 4 and 25 of the Indian Arms Act.

(2.) It is, therefore, prayed that the Applicant deserve his release on bail, though he may take consequences on being tried for the offence with which he is charged.

(3.) Per contra, the learned APP would vehemently oppose the application by relying on the Affidavit filed by the Assistant Commissioner of Police dtd. 31/3/2022 and it is submitted that charge-sheet under MCOC Act is filed against the present Applicant and other 7 accused persons. Referring to the prosecution case, the learned APP would submit that the gang leader Rashid Shaikh is a habitual offender and he is accused of committing various offences alongwith different associates and his modus operandi is not to repeat offence with any person. It is stated that more than two charges are filed against the gang leader in cognizable offences punishable for 3 years and the offences are bodily offences and involving property. Reference is made to the statement accused No.4 and 7 recorded under Sec. 18 of the MCOC Act and also to statements of two witnesses recorded under Sec. 164 of the Cr.P.C.