NITIN ANANDRAO AVAGHADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Salunke, learned Advocate for Applicant and Mr. Dedhia, learned APP for State.

(2.) Applicant - accused has filed the present Application for regular bail under Sec. 439 of the Code of Criminal Procedure, 1973 (for short, "Cr.P.C.") in connection with Crime No. I 229/2015 registered with Ulhasnagar Police Station for the offences punishable under Ss. 302, 386, 201 & 120(B) of the Indian Penal Code, 1860 (for short "IPC"); under Ss. 3, 25, 7 and 37 of the Arms Act, 1959; under Ss. 37(1) and 135 of the Maharashtra Police Act, 1951 and under Ss. 3(1)(i), 3(2) and 3(4) of the Maharashtra Control of Organized Crime Act, 1999 (for short "MCOC Act").

(3.) FIR dtd. 11/9/2015 is lodged by the first informant stating that on that date of incident at about 3.30 p.m. outside the office of the cable operator near Gol Maidan, Ulhasnagar Applicant before me committed offence by firing from a weapon at the victim fatally. Conspiracy is alleged pursuant to which 13 accused were apprehended and arrested including the present Applicant. Applicant has been in incarceration from 15/9/2015 and as of today he has undergone a period of detention for 9 years 5 months & 17 days pending trial. All other co-accused have been granted bail either by the Sessions Court or by this Court.