GOPI SUKHPAL GHALOT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application filed under Sec. 439 of the Code of Criminal Procedure, 1973, (for short ' Cr.P.C .') in connection with C.R. No.814 of 2021 registered with Pimpri police station, Pune for offences punishable under Ss. 395, 397, 341, 504, 506 of the Indian Penal Code, 1960 (for short ' IPC ') and under Sec. 3(1) (ii), 3(4) of Maharashtra Control of Organized Crimes Act, 1999 (for short 'MCOC Act').

(2.) According to prosecution, on 23/12/2021 at about 23:30 hours at River Road, Ambedkar Colony, Pimpri Pune, the informant one Sumeet Bohot and his friends Sayeed Khan and Raj Jadhav were proceeding triple seat on motorcycle for filling petrol in the motorcycle. At that time accused Vicky Saude obstructed the motorcycle. Thereupon the informant and his friends got down from motorcycle. The applicant/accused along with other accused persons took the informant's friend Raj Jadhav in a lane by the side of the road. The informant and his friend Sayeed Khan followed them with intention to rescue Raj Jadhav. At that time an unknown person was trying to snatch gold chain from the neck of the informant. The informant tried to prevent said person from snatching the chain. Thereupon, accused Vicky Saude hit on the head of the informant by means of stone. Accused Amit Saude took the same stone and hit behind the ear and on backside of the head of the informant. Applicant/accused and co-accused assaulted the informant by fist and kick blows and abused and threatened him. The accused forcibly took away the gold chain from the neck of the complainant. The accused assaulted Raj Jadhav by cement block and kick and fist blows and forcibly took away his mobile handset. The injured informant and Raj Jadhav ran towards their friend Sayeed Khan. However, an unknown person was along with the accused assaulted Sayeed on face by fist blows, whereby Sayeed sustained injuries. Thereafter, all the accused fled away from the spot of incident by abusing and shouting loudly. Thereby they had created terror in said area. On 25/12/2021, the informant approached the respondent police station after undergoing treatment and lodged report.

(3.) After completion of investigation, the investigating agency filed charge-sheet. The applicant/accused was arrested on 25/12/2021.