PRASHANT PURUSHOTTAM JOSHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These bail applications are filed by accused no. 1-Prakash Phale, accused no. 2-Prashant Joshi, accused no. 5-Ravindra Barhate, accused no. 9-Jayesh Jagtap and accused no. 10- Devendra Jain for enlarging them on bail in connection with CR No. 79 of 2021 registered with Chaturshrungi Police Station for the offences punishable under Sec. 406, 420, 506(2), 386, 387, 388, 389, 120(B), 109 read with 34 of the Indian Penal Code (' IPC ') and under Ss. 3(1)(ii) , 3(2) , 3(4) of Maharashtra Control of Organized Crime Act, 1999 (' MCOC Act ').

(2.) Accused no. 1-Prakash Phale was arrested on 26 th March 2021, accused no. 5-Ravindra Barhate was arrested on 5 th January 2022, accused no. 2-Prashant Joshi was arrested on 27 th June 2021, accused no. 9-Jayesh Jagtap was arrested on 29 th May 2022 and accused no. 10-Devendra Jain was arrested on 7 th February 2022. The chargesheet was filed on 20 th September 2021, and the supplementary chargesheet was filed on 15 th February 2022. However, the charge is not yet framed. It is the prosecution's case that 17 witnesses are to be examined.

(3.) The FIR was registered on 9/2/2021, and a total of 14 accused were named in the FIR. Out of them, one has expired. The prosecution has filed a report under Sec. 169 of the Code of Criminal Procedure, 1973 ( Cr.P.C .), regarding the five accused. Out of the 10 chargesheeted accused, one, Vinay Mundada, is absconding. These applications are filed by the five accused. Their applications for bail filed before the Special Court were rejected. In these circumstances, no charge has been framed, and the trial has not proceeded.