RAVI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These three applications under Sec. 439 of the Code of Criminal Procedure for grant of regular bail are heard together and are disposed of by this common order since these applications arise out of same crime vide No.255/2016 registered with Pachpaoli Police Station, Nagpur for offences punishable under Ss. 120-B; 121; 143; 144; 147; 148; 149; 201; 302; 364 and 365 of the Indian Penal Code and under Sec. 3(1)(i)(ii); 3(2); 3(3); 3(4); 3(5) and 4 of the Maharashtra Control of Organised Crime Act, 1999 (MCOC Act) along with Ss. 3/25 and 4/25 of the Indian Arms Act, 1959 and under Sec. 135 of the Maharashtra Police Act, 1951.

(2.) Smt.Savitri Manish Shriwas, is complainant, who is wife of deceased Manish. She lodged a report with Pachpaoli Police Station, Nagpur on the basis of which Crime No.255/2016 is registered. The report was lodged for substantive offence of kidnapping and murder. As per her report, the deceased was implicated in one murder case of Abid, which was committed in October 2011 and, therefore, he used to live out of house as he was absconding. He used to visit her and other family members secretly. On 25/2/2012, when he was at home, he received a phone call of Chotu Bagde (applicant in Criminal Application No.1454/2022) and left the house to meet him. Thereafter, he did not turn up. She along with her entire family was under a belief that the deceased was involved in murder case and, therefore, he is hiding himself to avoid his arrest. Subsequently, she came to know that the deceased was kidnapped by Isak Maske, applicant Chotu Bagde, and others and they had done some act with him and committed his murder. Therefore, she lodged the report against him and other co-accused on the basis of which the offence came to be registered.

(3.) During investigation, some unknown persons informed the investigating agency that co-accused Ranjit Saphelkar, Kalu Hate, Bharat Hate, Chotu Bagde (one of applicants), and other accused committed murder of the deceased. The statements of secret witnesses were recorded and it revealed that Sharad Hate, who is gang leader, and applicants along with co-accused, were members of organized crime syndicate and were involved in continuous unlawful activities. Gang leader Sharad Hate apprehended that the deceased would commit his murder and, therefore, with the help of Chotu Bagde, (one of applicants), with whom the deceased was having friendship, abducted him and committed his murder with the help of other co-accused. At the relevant time, secret witness No.1 was also in car who had witnessed the said incident. The statement of another secret witness was also recorded. During the investigation, confessional statements of the co-accused were recorded and after completion of investigation, chargesheet was submitted against the applicants.