SUBHAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicant is seeking bail in connection with C.R.No. I 595 OF 2017 registered with Shikrapur Police Station, Dist. Pune.

(2.) The offence was registered under sections 394 and 120B r/w.34 of the Indian Penal Code . Subsequently, Section 3(1) (ii), 3(4) of The Maharashtra Control of Organized Crime Act, 1999 (hereinafter referred to as MCOC Act for short) were added.

(3.) The investigation is already over and chargesheet is filed. The applicant was arrested on 29/11/2017 and since then he is continuously in custody. The FIR in this case is lodged by one Mohsin Tamboli. According to him, he was working as Cash Executive with Redient Cash Management. His job was to collect the cash from different outlets and to deposit it with different banks. On 20/11/2017, in the morning at about 9.00a.m. he had collected Rupees more than 15 lakhs from different outlets. He was going towards Shirur side. Near Shikrapur Maldag cross road two unknown persons intercepted him. They took away the bag containing cash by showing knife. One of them inflicted blow with knife on his chest. The first informant had seen those culprits. He lodged the F.I.R. in the police station vide C.R.N.595/17, as mentioned earlier. The investigation was conducted. During the course of investigation nine accused were arrested. Identification parade was held to enable the first informant to identify the suspects. The identification parade was held on 30/12/2017 at Yeravada Jail, Pune and in the same parade the first informant identified accused Sachin Rakshe and Nandlal Hole as two persons who had committed robbery. The applicant was arrested on 29/11/2017. On that day the police had received a secret information, on the basis of which a Scorpio jeep was intercepted. The present applicant along with three other accused were traveling in the said vehicle. He was found in possession of Rs.40000/ in cash. The applicant and others were arrested and cash amount found with them was seized. In the entire chargesheet that is the only material against him. During the course of investigation on 23/12/2017, prior approval U/s.23(1) (a) of MCOC Act was granted to apply the provisions of that Act. In the proposal the antecedents of the accused are mentioned. Against the present applicant only present C.R.No.595/17 of Shikrapur police station is mentioned.