MADAN GOPAL KHOLWAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the applicant, APP for the State, and counsel for the complainant.

(2.) The applicant is seeking bail in Crime No.248 of 2019, registered with Badnapur Police Station, District Jalna, for the offence punishable under Sec. 302, 307, 120-B of Indian Penal Code, Sec. 3(1)(i), 3(2), 3(4) of Maharashtra Control of Organized Crime Act, 1999 (for short 'MCOC Act') and Sec. 3 / 25 of Arms Act.

(3.) Briefly, the prosecution has a case that the deceased was a labour contractor. Some of the co-accused were interested in eliminating the deceased being a competitor as a labour contractor, so they may get the contracts of the deceased. Before the present incident, the deceased was attacked, and the crime under Sec. 307 of the Indian Penal Code was registered against the accused, including the present applicant. Thereafter, they settled their dispute, but the deceased was eliminated a few days later. The applicant was a member of the crime syndicate. He always used to be with one Kalani, who was the leader of the crime syndicate. They were involved in organized crimes with the objective of getting pecuniary benefits or gaining undue economic or other advantages for themselves or any other person. It is a specific case of the prosecution that the deceased was eliminated to gain undue economic advantage and to support the two co-accused, who were interested in getting the labour contract. The prosecution has collected the evidence, particularly the statement of the co-accused under Sec. 18 of the MCOC Act and booked the applicant.