AJIJ SAYYAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this application, the applicants have prayed for their release on bail, pending the hearing and final disposal of the appeal since they have been convicted and sentenced by the Special Judge (MCOC), Thane of the offences punishable under Sec. 394 of the Indian Penal Code and Sec. 3(1)(ii) and 3(4) of the Maharashatra Control of Organised Crime Act, 1999 (for short "MCOC Act"). The applicants have been sentenced to suffer Rigorous Imprisonment for 10 years each for all the offences along with fine of Rs.5,00,000.00 each and in default simple imprisonment for 3 years.

(2.) Facts are as follows.

(3.) On 2/7/2016 at about 4.00 p.m. the first informant along with her husband was proceeding to Kalyan in an autorickshaw for their personal work. They alighted from the autorickshaw in front of Metro Mall, Kolsewadi, Kalyan at about 4.30 p.m. While the couple was proceeding by the side of the road, the husband, in order to clean his footwear which were smeared with mud, stopped at the spot. When the first informant proceeded a little ahead of him, two persons riding on a motorcycle came in front of them and asked the first informant not to proceed ahead as there was a murder. The first informant started walking ahead slowly, when suddenly the applicants came from behind who were also riding a motorcycle. The pillion rider hit the informant on her neck and snatched her golden Mangalsutra and necklace. Due to the jerk, her ornaments broke and she too fell down on the road. Upon making a hue and cry by the couple, the passerby alongwith one autorickshaw driver obstructed the motorcycle. As it was a rainy season, the motorcycle skidded and the applicants fell down. They attempted to flee away from the spot, however, the crowd managed to catch hold of them. At that time, one of the applicants took out a fighter from his pocket and assaulted the autorickshaw driver. By that time, somebody had called the police, who took the control of the situation and arrested both the applicants. Thereafter, the informant approached the Kolsewadi Police Station and lodged a report.