ADARSH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this application, the applicant seeks regular bail in connection with Crime No.397/2020 registered with the non-applicant/police station for offences punishable under Ss. 143, 144, 147, 148, 149, 302, 341, 120-B, 201 and 212 of the Indian Penal Code read with 3/25 and 4/25 of the Indian Arms Act and 135 of the Bombay Police Act and 3 of the Maharashtra Control of Organised Crime Act, 1999 (the MCOC Act).

(2.) The applicant is arrested on 28/9/2020 and since then he is in jail.

(3.) The crime is registered on the basis of a report lodged by Police Constable Anil Lande alleging that when he was performing his duties on 26/9/2020, at around 4:15 pm, two unknown persons informed that a car driver is being assaulted by five assailants at Bhole Petrol Pump Square. Accordingly, he rushed to the spot immediately and found a person lying on the road beside Hyundai Verna Car bearing Registration No.MH-49/AS/200 and his clothes were stained with blood. He had sustained various injuries all over the persons. Upon inspection of the car, one pistol magazine was found and name of the deceased disclosed as Balya Binekar. During course of investigation, various incriminating articles like country-made pistols, live cartridges, and chilly powder were seized. Death of the deceased was due to head injury, stab, and multiple injuries over abdomen. On obtaining CCTV Footage, involvement of co-accused revealed. It further revealed during investigation that there was a previous enmity between co-accused Chetan Hajare and the deceased and due that previous dispute, the deceased was eliminated. As far as the applicant is concerned, it revealed during investigation that the co-accused asked the applicant to procure knives and accordingly, he placed an order on Flip-Cart and Amazon and procured knives and handed over to the co-accused which which were used by the co-accused. It further revealed to the investigation agency that co-accused Chetan Hajare is leader of the 'Organized Crime Syndicate' against whom 14 offences are registered. The applicant is also associated with the said gang and in pursuance of a conspiracy hatched by the applicant and other co-accused, the deceased was eliminated.