MOHAMMED ILYASH BILAL KAPADIA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These five bail applications have been filed by the accused persons, seeking bail in connection with C.R. No. 109 of 2022 dtd. 25/7/2022 registered with Anti-Extortion Cell, Mumbai, for offences under Ss. 387, 506(2), 120-B read with 34 of the Indian Penal Code, 1860 (IPC), Ss. 3(1)(ii), 3(2) and 3(4) of Maharashtra Control of Organised Crime Act, 1999 (MCOCA) and Ss. 3 and 25 of Arms Act, 1959.

(2.) The applicants were arrested and they have remained behind bars. This Court is informed that two of the applicants had moved applications for discharge upon filing of charge-sheet before the Special Court. The applications were dismissed and the said applicants filed Criminal Appeal No. 617 of 2023. By an order 12/1/2024 passed by the Division Bench of this Court, the appeal was admitted, observing that arguable questions arise with respect to applicability of Ss. 506(2) of the IPC, in the facts of the present case. While admitting the appeal, the Division Bench of this Court stayed further proceedings before the Special Court, thereby staying the trial.

(3.) Mr. Aabad Ponda, Senior Counsel, alongwith Mr. Rajendra Rathod, Mr. Mithilesh Mishra and Mr. Husen Shaikh, learned counsel appearing for the applicants, submitted that in the present case, the invocation of MCOCA can be shown to be prima facie unsustainable and that the ingredients of the offences under Ss. 387 and 506(2) of the IPC are not made out, even if the statement of the informant leading to registration of FIR is to be accepted as it is.