SUNIL VITTHAL WAGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicant who is arraigned in C.R.No.244 of 2018 registered with Pandharpur Police Station for the offences punishable under Ss. 120B, 302, 303, 201, 143, 147, 148, 149 of the Indian Penal Code, Sec. 3 read with Sec. 25 of the Arms Act, 1959, Sec. 135 of the Maharashtra Police Act, 1951 and Ss. 3(1)(i) (ii), 3(2) and 3(4) of the Maharashtra Control of Organized Crime Act, 1999 (MCOC Act, 1999), has preferred this application to enlarge him on bail on the ground that there was default in completing the investigation and lodging the chargesheet qua the applicant within the period stipulated under Sec. 167(2) of the Code of Criminal Procedure, 1973 (the Code) in its modified application to the offences punishable under the MCOC Act, 1999.

(2.) The gravamen of indictment against the applicant and the co-accused is that Gopal Bajirao Ankushrao, accused No.18, is the leader of an organized crime syndicate, known as 'Sirji' Gang, and in pursuance of a criminal conspiracy on 18/3/2018, 26 accused and a child in conflict with law, who were members of the said organized crime syndicate committed murder of Sandeep Pawar, the then Municipal Counsellor, by shooting him and also assaulting him by means of deadly weapons, at Shriram Bhojnalaya, Station Road, Pandharpur.

(3.) As the applicant seeks default bail, a detailed reference to the facts may not be warranted beyond the dates and events which bear upon the entitlement for default bail. FIR was registered on 19/3/2018. On 15/9/2018, chargesheet was lodged against the co-accused wherein the applicant was arraigned as accused No.25 and shown absconding. Chargesheet was purportedly lodged by invoking the provisions contained in Sec. 299 of the Code. The applicant came to be subsequently arrested on 28/8/2021. He was produced before the Special Court, MCOCA on 29/8/2021. The 180 days period for which the detention was authorized under the provisions of Sec. 167(2), as modified by Sec. 21 of the MCOC Act, 1999 in its application to the offence under the MCOC Act, 1999, was over on 24/2/2022.