SACHIN DAMODAR EKHATPURE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Applicant is seeking bail in connection with C.R. No. 517 of 2016 registered with Akluj Police Station, Solapur Rural for offences punishable under Sec. 307 read with 34 of the Indian Penal Code and Sec. 3(25) of the Arms Act. Subsequently charge under Sec. 307 altered to Sec. 302 of IPC. During the course of investigation provisions of MCOC Act were invoked under Ss. 3(1)(i), 3(2), 3(3), 3(4) of Maharashtra Control of Organised Crime Act, 1999 (for short 'MCOC Act').

(2.) The case of the prosecution is that, the FIR was lodged by Aniket Jalinder Umbre on 29/12/2016. It is alleged that, the complainant and his maternal uncle Nanasaheb Dilip Aasbe were talking in front of Ashwini Hotel. Two persons aged about 25 years arrived there on motorcycle with mask on their faces. They fired at Nanasaheb Aasbe. He tried to run from the place of incident. The accused again fired at him. Nanasaheb Aasbe succumbed to the injuries. On completing investigation, charge-sheet was filed.

(3.) The previous application preferred by applicant was rejected vide order dtd. 4/3/2020.