PRASHANT BHASKAR MHATRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These two bail applications concern FIR No.I-61 of 2017 dtd. 15/2/2017 registered at Police Station Narpoli Bhiwandi, District - Thane for offences under Ss. 302, 143, 146, 147, 148 and 149 read with Sec. 120-B of the Indian Penal Code, 1860 (IPC); Ss. 3, 25(1B)(a), 27(2), 4 and 27 of the Arms Act, 1959; Ss. 37(1) and 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).

(2.) In Bail Application No.3862 of 2024, the applicant - Prashant Bhaskar Mhatre is accused No.10, who is also allegedly the gang-leader in this case, in the context of offences registered under the MCOC Act. In Bail Application No.4730 of 2024, the applicant - Rajni @ Rajnikant Prakash Mhatre is accused No.13. Accused No.10 was arrested on 28/3/2017 and applicant No.13 was arrested on 29/3/2017. Both have remained incarcerated since the date of their respective arrests, thereby showing that they have suffered incarceration for a period of almost eight years.

(3.) By order dtd. 4/9/2024, this Court had granted bail to four coaccused persons i.e. Vishu @ Vishwapal Balram Patil, Viddhesh Sudam Patil, Sujit @ Bandya Balaram Mhatre and Chiranjiv @ Motu Balaram Mhatre, upon imposing appropriate conditions. The applicants, in the present case, are seeking bail on parity as well as on the basis of submissions made on their behalf in the instant two applications.