DINESH BHONDULAL BAISWARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for learned A.P.P. for the respondent/State.

(2.) The allegation made against the present applicant is that he along with four other accused persons, being a member of an organized crime syndicate, was a part of the group, which took active part in carrying out a dangerous assault upon the complainant Amol Mehar on 29.5.2015 in which assault, Amol Mehar, however, managed to escape, though he suffered grievous injuries to his person. On the basis of complaint, offences punishable under Sections 307, 143, 144, 147, 148, 294 and 427 read with Section 149 of the Indian Penal Code and also Sections 3,4,25 and 27 of the Indian Arms Act were initially registered. Later on, as the investigation progressed, the Investigating Officer also found that this applicant and four other persons formed an organized crime syndicate which indulged in various activities prohibited under the law. It was also found that this crime syndicate was headed by accused No.1 Gijrya Lonare and this applicant was one of the members of that crime syndicate. It was also noticed that at least two charge - sheets were already filed against said crime syndicate headed by Gijrya Lonare. Therefore, on 9.10.2015, permission was granted by the competent authority for proceeding against all the members of the organized crime syndicate including the applicant under the provisions of the Maharashtra Control of Organised Crime Act, 1999 (in short, "MCOC Act"). Accordingly, offence punishable under Section 3(4) of the MCOC Act has been additionally registered against the applicant and other members of the crime syndicate.

(3.) Learned counsel for the applicant submits, by placing reliance upon the law laid down by the Hon'ble Apex court in the case of Ranjitsing Brahmajeetsing Sharma vs. State of Maharashtra and another, reported in AIR 2005 SC 2277 (1) that the applicant is entitled to be released on bail on two counts, firstly, there is no prima facie culpability or mens rea seen on the part of the present applicant in the incident, which took place on 28.5.2015 and secondly, there is no material placed on record from which it can be prima facie said that if released on bail, the applicant is likely to commit any offence under the MCOC Act. He submits that the Hon'ble Apex Court has interpreted Section 21(4) of the said Act as referring to the possibility of commission of an offence under the provision of the MCOC Act and not any other offence, whether minor or major. He also submits that same law has been laid down by the Hon'ble Apex Court in the latest judgment rendered in the case of Prasad Shrikant Purohit vs. State of Maharashtra, reported in (2015) 7 SCC 440.