SURYAKANT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appeal is filed to challenge the order made by the learned Special Judge appointed under the Maharashtra Control of Organised Crime Act, 1999 (hereinafter referred to as 'the Act' for short). The application was filed under section 11 of the Act for discharge and the application is rejected. Both the sides are heard.

(2.) Chargesheet is filed by Osmanpura Police Station, Aurangabad in C.R. No. 257/2015 for offences punishable under sections 3(1)(ii), 3(2), 3(4) of the Act and offence of dacoity. The order made by the learned Judge of the Special Court dated 16.10.2018 shows that in the past also, similar application was moved, but on 6.2.2018 it was rejected, but the said order was not challenged and new application was filed for discharge. Both the sides are heard.

(3.) The relevant record is produced and it shows that while granting sanction, entire record of criminal activities of the members of the syndicate of Gorakh Raghuath Khalekar were considered. As against Gorakh, as many as 15 crimes were registered and chargesheets were filed from the year 2011 to 2012. As against his associate, Rajendra Kalse as many as 11 chargesheets were filed. Most of the offences for which chargesheets were filed, were involving theft, robbery, dacoity. As against present appellant, Suryakant Mule as many as 14 crimes were registered on the date of consideration from the period 2006-2015, 11 chargesheets were filed and cases were pending and they were mostly for the offences of theft in house, theft and dacoity. The particulars show that the present appellant and Rajendra Kalse were together in C.R. No. 12/2017 registered with Ambejogai Rural Police Station. They were together in C.R. No. 18/2010 registered in the same police station. They were together in C.R. No.99/2015 registered in Murud Police Station. They were together in C.R. No. 148/2011 registered in Ambejogai Police Station.