PAPPU @ ATUL SONABA JOGAWADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The original accused No. 3 Pappu @ Atul Sonba Jogawade by invoking the provisions of Section 21(4) of the MCOC Act, 1999 read with Section 437 of the Criminal Procedure Code has approached this Court for bail against the order passed below Exhibit 25 in MCOCA Case No. 1/12 by the learned Special Judge, Pune dated 28th September, 2012.

(2.) Learned A.P.P. Mrs. S.D. Shinde on the other hand opposed the application and has pointed out that learned Special Judge has rightly considered all these aspects and was pleased to reject the bail application. It is, therefore, submitted that the appeal be dismissed.

(3.) Record reveals that the complainant, Avinash Khandare lodged his report in the midnight at 2.40 a.m. on 13th September, 2011 of an incident which had occurred at 10.30 p.m. on 12th September, 2011. On the basis of the report, offence came to be registered vide Crime No. 367/11. According to the complainant, at the time of incident when he was in the company of injured witnesses near Khandoba Temple, Kothrud, he was asked by co-accused Niliesh Gawade on telephone to meet him at Datta Mandir otherwise his house will be demolished. Accordingly, complainant accompanied by Bapu Shirsat and Ram Kedari went to Datta Mandir and found appellant along with 14 to 15 other accused persons armed with weapons like sword, sickle and knife present and committed a preplanned assault on the complainant and his men.