ANIL MURLIDHAR DESHMUKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE applicant is applying for bail in Central Bureau investigation Case No. R. C.-6/2004/ E. O. U.-VII - New Delhi corresponding to crime No. 123/2000 registered at Satpur Police Station, Nashik for offences punishable under sections 349, 120b, 255 to 259, 420, 460, 468, 472 and 475 of indian Penal Code as well as sections 3, 4 and 24 of Maharashtra Control of organised Crime Act, 1999 (hereinafter referred to as "mcoc Act" for the sake of brevity ). The applicant was arrested on 8th October, 2004. He applied for bail vide Criminal Miscellaneous Application No. 16 of 2004 which was rejected by special Judge, MCOC, Pune order dated 29th November, 2004. This is how the present application for bail is preferred.

(2.) THE prosecution case, briefly stated, is that the complainant Head constable D. P. Raje Bhosale of Crime Branch, Nashik along with Police inspector Anil Deshmukh, PSI R. M. Pawar, ASI Gosavi, Head Constable devkar, Police Constable Bidve, Police Constable Pangarkar and Police constable Labhade of Nashik Crime Branch while patrolling the city area on 10th October, 2000, allegedly spotted a white Maruti Van pakced near Mauli petrol Pump, Nashik-Trimbak Road bearing No. BLL-3292 and found four persons in the vehicle namely Sachin Gotiram Zhaveri, Raju Tukaram Satpute, ajay Shivaji Dhisale and Jitu Premchand Harvani. On suspicion, vehicle was searched. The search resulted in recovery of a plastic bag containing 20 sheets (each sheet containing 180 stamps) of Insurance Stamps of Rs. 500/-denomination amounting to Rs. 18. 00 lakh. On interrogation of Ajay Dhisale it was revealed that he worked as a Driver for one Jaikishan Singh @ Bengali. This person kept a suitcase with Dhisale after telling him that it contains office papers. After interrogation of Dhisale, police team conducted search of residential premises of Bengali at 1916, Maharashtra Housing Colony, Satpur in the presence of Savita, his wife. At this search, about 40 sheets of Insurance Stamps of denomination of Rs. 20/- and Rs. 1,000/- (each sheet containing 180 Stamps)amounting to Rs. 36. 72 lakh were recovered. The Crime Branch, Nashik arrested all the abovementioned persons on 10th October, 2000. Thereafter, they were produced before the Court of Judicial Magistrate, First Class, Nashik on 11th october, 2000. Their police custody remand was sought. It is also alleged that permission to investigate the offence was sought under section 124 of the bombay Police Act as applicable at that time. The learned Court denied police custody remand of all the accused on 11th October, 2000. The seized Insurance stamps were sent to Indian Security Press, Nashik by Crime Branch for expert opinion. The expert opinion was received stating that these stamps were counterfeit. Therefore, the above named crime was registered against the above persons. The case was entrusted to PSI Pawar for investigation. He filed chargesheet on 31st December, 2000 (C. C. No. 31/2000) in the Court of Judicial magistrate, First Class, Nashik against the above persons arraying them as accused and also the said Bengali who was shown as absconding. Thereafter, the said Bengali was arrested on 25th January, 2001 by Crime Branch, after getting him transferred from Tihar Jail, Delhi where he was lodged in Crime No. 678/2000 of Kalkaji Police Station, New Delhi. PSI Pawar took police custody remand of Bengali. His statement was recorded wherein he disclosed that hemant Dubey, Subhashbhai and Shivshankar were the persons responsible for printing of stamps, perforation and circulation of stamps in Nashik. PSI Pawar filed supplementary charge-sheet on 8th May, 2001 against said Bengali and the persons named by him. They were shown as untraceable at the relevant time. It appears that Hemant Dubey was arrested on 7th June, 2001 from Thane and his police custody was obtained. However, subsequently an application was made in the Court of JMFC, Nashik for discharging Hemant Dubey. The ground of discharge was stated to be of no evidence as far as he is concerned. The Sessions court passed an order of discharge on this basis on 9th August, 2001.

(3.) IT appears that on 11th February, 2003, investigation of this case was transferred to Shri N. B. Tambade, Deputy Commissioner of Police, DNT, nashik by the order of Commissioner of Police, Nashik. Accused Shivshankar singh and one Sirajuddin Nasipudi were also arrested on 19th March, 2003 and 28th March, 2003 respectively. Thereupon, supplementary charge-sheet was filed in the Court against these two persons. This charge-sheet also included names of abdul Karim Lad Saheb Telgi (for short hereinafter referred to as "akl Telgi"), mahiram, Bharti, Madhu and Umesh Nayak to be prosecuted under section 299 of Criminal Procedure Code.