MANGESH SHYAM SATPUTE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicant is seeking regular bail in connection with C.R.No. I 333 OF 2016 registered with Khadak Police Station, Dist. Pune, under sections 364A, 387, 323, 506 and 506 r/w. 34 of I.P.C ., under sections 3 and 4 r/w.25 of Indian Arms Act , and under section 37(1) r/w. 135 of Maharashtra Police Act. Subsequently provisions of Maharashtra Control Organised Crime Act, 1999 (hereinafter referred to as MCOC Act for short) are applied and Section 3(i)(ii), 3(2) and 3(4) of MCOC Act are applied.

(2.) The investigation in this case is over and chargesheet is filed. The applicant is arrested on 29/11/2016 and since then he is in custody.

(3.) The FIR in this case is lodged by one Asif Shaikh on 28/11/2016. In his FIR he has mentioned that he was knowing the present applicant since childhood. The first informant had construction business and he was developer of real estate. He has mentioned in his FIR that shortly before festival of Eid the present applicant and others had approached him and had abused him. They had demanded Rs.10 lakhs for helping one Janglya in his court case. For that he had not given any complaint to the police immediately, however, after Eid he had made one written complaint to the Police Commissioner, for which inquiry was going on. On 28/11/2016 at about 6.30p.m. he had gone to survey No.58,59 and 60 at Ghorpade. At that time, six persons came on three motorcycles. They forcibly took him at the point of weapon to a different place on their motorcycle. The first informant was taken to Dhobighat. At that place one Shankar Koli and the present applicant were present. The applicant held pistol at the head of first informant, others brought out sickle and sword. All of them threatened and demanded Rs.10 lakhs. The first informant told them that he would pay Rs.3 lakhs on the next day and on that promise rescued himself. After going home he approached the police station and lodged F.I.R. The FIR was registered in the police station as mentioned earlier. The investigation was carried out and the applicant was arrested on 29/11/2016. During the course of investigation, statements of various witnesses were recorded. The statements of witnesses Tanvir, Ashok, Yuvraj and Aniket were recorded. They narrated about the first part of the incident when first informant was forcibly taken on a motorcycle. The charge-sheet also shows the recovery of pistol and cartridges from his house at the instance of the applicant. On 13/12/2016 approval was granted to apply provisions of MCOC Act and investigation was carried out under the provisions of that Act. The prosecution case is that the applicant was a member of an organised crime syndicate headed by main accused Shankar Koli against whom many offences are pending and the present offence was in furtherance of activities of that crime syndicate.