VAIBHAV Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application under Sec. 439 of the Criminal Procedure Code, 1973 seeking bail in connection with Special MCOCA Case No.863 of 2021 for offence punishable under Ss. 302, 120-B, 201, 216, 143, 147, 148, 149 of the Indian Penal Code, 1860 and Sec. 4 read with Ss. 25 and 27 of the Arms Act and Sec. 37 read with Sec. 135 of the Maharashtra Police Act along with Sec. 3(1)(i), (ii), 3(4) of the Maharashtra Control of Organized Crime Act, 1999 (hereafter "MCOC Act" for short).

(2.) According to prosecution, the deceased Atul Tanaji Bhosale residing at Mhalunge, Taluka Khed, District Pune was engaged in the business of supplying water tankers. The accused Akshay Ashok Shivale is also engaged in same business. The accused had dispute with Atul Bhosale out of said business of supplying water tankers. On 14/5/2021 at about 16.30 hours, Atul Bhosale was standing in front of Mamata Sweet Mart at Mouje Mhalunge Gaon, Taluka Khed, District Pune. At that time, accused Akshay Shivale, Ganesh Dharmale, Gotya Bhalerao and 2-3 co-accused assaulted Atul Bhosale by means of sickle, causing serious injuries. While injured was shifted to hospital, he succumbed to injuries during treatment. Thus, they committed the murder of Atul Bhosale. After the incident the assailant/accused washed their clothes with intention to destroy the evidence. The rest of the accused helped the assailants in harbouring them as well as in fleeing away from the spot of incident.

(3.) It is further alleged by prosecution that on report lodged by informant Akshay Pandit Borhade, Crime No.578 of 2021 came to be registered for the offence of murder of Atul Bhosale by hatching conspiracy for offences under Ss. mentioned above. During investigation, it was revealed that accused Santosh Madhukar Manjare is the gang leader and rest of the accused including present applicant are the members of organised crime syndicate. They are engaged in continuing unlawful activities. Accordingly, a proposal was sent to prosecute them under MCOC Act. After sanction, the provisions of MCOC Act came to be added.