SUMIT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned PP.

(2.) The applicant- original accused no.4 is seeking bail connection with C.R. No.19 of 2016 registered with D.C.B., C.I.D., Mumbai for the offences punishable under Sec. 452, 307, 34 read with Sec. 120B, 201 of the Indian Penal Code, 1860 ("IPC", for short) and Sec. 3, 25, 27 of the Arms Act, 1959; Sec. 37(1)(a) of the Maharashtra Police Act as well as Sec. 3(1)(ii), 3(2) and 3(4) of the Maharashtra Control of Organised Crime Act, 1999 ("MCOC", for short). The applicant is in custody since 16/02/2016. The date of the incident is 05/02/2016.

(3.) Learned counsel for the applicant submitted that the applicant is under incarceration for a long period of time i.e. almost for 6 years and 10 months and therefore should be granted the facility of releasing him on bail. There is undoubtedly substance in the submission of learned counsel for the applicant. The applicant is under incarceration for quite a long period and in ordinary circumstances, the applicant would be justified in seeking his release on bail. Furthermore, a submission is made that so far as the commonality of offence between members of the syndicate, is concerned, there is only one offence alleged against the applicant which is common along with one of the member of the crime syndicate i.e. accused no. 6.