SHAMIL SAQUIB NACHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is one of the six accused in M.C.O.C. Special Case No.10 of 2012, pending before the Special court under the Maharashtra Control of Organized Crime Act (hereinafter referred to as M.C.O.C. Act), Thane. The said case is in respect of offences punishable under Sections 120B, 153A, 307 of the Indian Penal Code (IPC), offences punishable under the Arms Act, apart from the offences punishable under Sections 3(1)(ii), 3(2) and 3(4) of the M.C.O.C. Act. Additionally, the applicant and the other accused are alleged to have committed offences punishable under Sections 16 and 18 of the Unlawful Activities (Prevention) Act, 1967, as amended till 2008 (hereinafter referred to as U.A.P. Act). By the present application, the applicant seeks bail.

(2.) I have heard Ms.Rebecca Gonsalves, the learned counsel for the applicant, and Mr.A.S.Gadkari, the learned APP for the State. With the assistance of the learned counsel, I have gone through the bail application, the annexures thereto, and all the relevant parts of the chargesheet. I have also been taken through the affidavit filed by the Investigating Officer for opposing the grant of bail.

(3.) The prosecution case has been described in Column No.16 of Form 5E of the printed prescribed proforma of the chargesheet. In brief, it can be described as follows :