VIJENDRA MOLCHAND KURIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant herein has approached this Court for grant of bail. The facts leading up to filing of the present application are that the applicant was named as an accused with other co-accused persons for an incident that happened on 05/07/2015, whereby it was alleged that the applicant along with co-accused persons caused the death of a person by hitting him with a vehicle in which the applicant was also travelling in the rear seat. The allegation against the accused persons in the present case is that they were involved in the activity of threatening persons and they indulged in extortion and in that process they had also threatened the victim and ultimately after a meeting for compromise between the accused persons and the victim, on 05/07/2015 they caused his death in the aforesaid manner on 06/07/2015. The applicant stood arrested on 06/07/2015. He stood enlarged on bail as the Investigating Agency failed to submit charge-sheet within the stipulated period.

(2.) Thereafter, on 31/12/2015 an order was passed by the Competent Authority granting sanction for invoking the provisions of the Maharashtra Control of Organized Crime Act (hereinafter referred to as "MCOC Act") against the co-accused persons and by a separate order dated 09/11/2015, such sanction was also granted for invoking the MCOC Act against the applicant herein.

(3.) Pursuant to the provisions of the MCOC Act being invoked against the applicant, the bail granted to him was cancelled. The applicant approached this Court by filing application under section 482 of the Criminal Procedure Code challenging the said order of cancellation of bail and this Court granted stay to the said order, as a result of which the applicant was not taken into custody. Eventually, on 12/09/2017, this Court dismissed the application filed by the applicant. Consequently, he was expected to surrender before the Authorities. But, the applicant remained absconding and ultimately he was taken into custody after about a year on 18/08/2018. It is thereafter that the applicant has approached this Court by way of the present application wherein notice was issued on 25/04/2019.