Case Referred:

State of Maharashtra v. Bharat Shantilal Shah and Others (2008) 13 SCC 5)

JUDGMENT :

1. Applicant is one of the four accused in Crime No.574 of 2016 in respect of offences punishable under Sections 115 read with Sections 302, 120B of the Indian Penal Code, 1860, Sections 4 and 25 of the Arms Act and Section 37(1) of the Bombay Police Act, apart from offences under Sections 3(1)(ii), 3(2) and 3(4) of the Maharashtra Control of Organised Crime Act, 1999 (‘MCOC’ for short). By this application, the applicant seeks bail.

2. Heard Mr. Abhaykumar Apte, learned counsel for the applicant and Mr. Dabke, learned Additional Public Prosecutor for the State. With the assistance of the learned counsel, I have gone through the bail application, annexures thereto and the relevant parts of the chargesheet. I have also been taken through the affidavit filed by Mr. Jayant Bajbale, Sub Divisional Police Officer, Virar Division, District: Palghar for opposing the grant of bail. Prosecution case has been described in the proforma of the charge-sheet.

3. Briefly stated, prosecution’s case is that on 16th October, 2016, constable Mohite attached to Virar Police Station received information from