KRISHNA SHEKAR SHETTY Vs. RAJENDRA ANANT VARIK

JUDGEMENT

(1.) By this bail application, filed under Sec. 439 of the Code GANESH KULKARNI of Criminal Procedure, 1973, the applicant is seeking regular bail in connection with Crime Register No.750 of 2023 registered at Bandra Police Station, Mumbai. The offences alleged against the applicant are punishable under Ss. 392 and 379 read with Sec. 34 of the Indian Penal Code, 1860, and also under Ss. 3(1)(ii), 3(2), and 3(5) of the Maharashtra Control of Organised Crime Act, 1999 (hereinafter referred to as "MCOC Act").

(2.) As per the prosecution's case, on 15/5/2023 at about 8:45 p.m., when the complainant was walking on the road while talking on his mobile phone, some persons came from behind, snatched the mobile phone, slapped the complainant, and ran away towards Station Road. The complainant tried to chase them but could not apprehend them. A complaint was filed, investigation commenced, and the accused persons were arrested on the same night. The stolen mobile phone was recovered, and it was allegedly shown to the accused. The complainant later identified the accused, who were shown as arrested. Initially, the present applicant was released on bail.

(3.) However, on 1/8/2023, the prosecution filed an application for cancellation of bail and also prayed for addition of Ss. 3(1)(ii), 3(2), and 3(4) of the MCOC Act. The learned Magistrate rejected this application on 7/8/2023. Thereafter, the prosecution preferred a Revision Application, which was allowed by the Sessions Court on 18/10/2023, and the applicant was re-arrested on 13/11/2023.