NACHIKET HIRAMAN GAWAND Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present application is filed by the applicant under Sec. 439 of the Code of Criminal Procedure, 1973, seeking regular bail in connection with Crime No. 544 of 2023 registered at Chunabhatti Police Station. The applicant is facing prosecution for serious offences punishable under Ss. 302, 307, 120-B, 212, 201 read with Sec. 34 of the Indian Penal Code, 1860, as well as under Sec. 3 of the Maharashtra Control of Organized Crime Act, 1999 (for short "MCOC Act").

(2.) The brief case of the prosecution is that on 24/12/2023, at about 3:10 p.m., one Sumit Yerunkar (since deceased), along with his friends, namely, Madan Patil, Roshan Lokhande, Aakash Khandagale and the first informant Vinod Vishwakarma, had gone to Shree Photo Studio situated at Azad Galli, Chunabhatti, for the purpose of getting photographs clicked for displaying them on banners and flex boards for his birthday celebration. While they were present there, five accused persons, namely, Babu, Sunil, Naresh, Sagar and Prabhakar, allegedly arrived at the spot and opened indiscriminate fire upon Sumit and his companions. In the said incident, Sumit sustained multiple firearm injuries and succumbed during treatment in the hospital. His friends and some bystanders also sustained injuries in the firing.

(3.) On the basis of the complaint lodged by the informant Vinod Vishwakarma, FIR came to be registered for the offences punishable under Ss. 302, 307, 120-B, 212, 201 read with 34 of IPC and also under Ss. 3, 25, 27 of the Arms Act. During the course of investigation, after obtaining requisite prior approval and sanction under law, provisions of the MCOC Act were invoked against the accused. The investigating agency thereafter filed a charge sheet upon completion of investigation.