MOHAMMED AFSAR SAYYED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an Application under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking Regular Bail in connection with FIR No. 336 of 2018 registered with Bhoiwada Police Station for offences punishable under Sec. 392 read with 34 of the Indian Penal Code, 1860 (for short 'IPC') alongwith Ss. 3(1)(ii), 3(2) and 3(4) of the Maharashtra Control of Organized Crime Act, 1999 (for short 'MCOCA').

(2.) The Applicant has been arraigned as Accused No.1. He has been arrested on 4/12/2018 and has been in custody for the past 6 years 11 months 20 days. The incident is of 4/12/2018 when the First-Informant alongwith her mother left their house at about 6:30 p.m. for attending Satsang at Lal Maidan Gymkhana however when they reached near Aaimai Merwanji Road opposite KEM hospital a motorcycle accosted them and the pillion rider snatched FirstInformant's gold mangalsutra and pushed her down and fled towards ITC Hotel. It is prosecution case that First - Informant raised a hue and cry and on hearing her two persons chased the chain snatchers. It is prosecution case that the chain snatchers fell off the motorcycle near Gururani Chowk where a crowd gathered, caught hold of them and they were beaten. Thereafter police arrived at the said spot and apprehended the two persons. It is prosecution case that First - Informant was called to KEM Hospital were she immediately identified the chain snatchers. On the basis of which FIR No. 336 of 2018 was registered with the Bhoiwada Police Station.

(3.) During the investigation, it was found that the accused persons committed the offence for pecuniary gains in consonance with an organised crime syndicate headed by the Applicant. After invoking the provisions of MCOCA and after seeking sanction, chargesheet under Ss. 392 read with 34 of the IPC alongwith Ss. 3(1) (ii), 3(2) and 3(4) of the MCOCA was filed.