SANDESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for bail filed by the applicants in connection with the C.R. No. 403 of 2022 registered with the Shivaji Nagar Police Station, Thane, for the offences punishable under Ss. 307, 143, 147, 148, 149, 341 , 506, 506(2), 427, 120-B of the Indian Penal Code, Ss. 3(1)(ii), 3(2) and 3(4) of the Maharashtra Control of Organised Crime Act, 1999 (for short "MCOCA"), Ss. 3 , 25 of the Arms Act, Ss. 37(1) and 135 of Maharashtra Police Act and Sec. 7 of Criminal Law Amendment Act.

(2.) The applicants claim that they are entitled to be released on default bail under Sec. 167(2) of the Code of Criminal Procedure, 1973 (for short " Cr.P.C .") read with Sec. 21(2)(b) of the MCOCA. The incident is dtd. 13/11/2022, in respect of which the First Information Report (FIR) was lodged. The complainant was desirous of contesting the election for the post of corporator in the Dombivali-Kalyan Municipal Corporation, Ward No. 42, Adivali-Dhokali. It is alleged that the opposition candidates hatched a conspiracy to kill the complainant in order to try to increase their presence in the ward. At around 03.30- 03. 45 P.M., the accused were standing on the road with four guns, three revolvers, two double-barrel guns and one single-barrel gun. The accused came in front of the complainant's car and threatened the complainant with dire consequences as he was contesting the election. As the complainant drove his car a little ahead, the accused persons fired from their guns, revolvers and barrel guns at the complainant and his friends with the intention of killing them. Thereafter they fled away. It is alleged that the attack on the complainant by the accused persons was with a view to preventing him from contesting in the upcoming Dombivali-Kalyan Municipal Corporation election.

(3.) There are three sets of accused. The first set of accused comprised accused Nos. 1 to 3, who were arrested and produced before the Judicial Magistrate First Class (for short "JMFC") Court on 14/11/2022. Accused Nos. 1 to 3 came to be released on bail under Sec. 167(2) of the Cr.P.C. by an order dtd. 13/06/2023 passed by this Court in Bail Application No. 1136 of 2023.