The reliability of eye-witness testimony and the nature of the offense, along with the applicant's involvement in other criminal cases, were central to the court's decision.

JUDGMENT

N.R. Borkar, J. - The applicant has fled the appeal against the judgment and order dated 22.07.2021 passed by the additional Sessions Judge and Special Judge under MCOC act, Pune in MCOCa Case No. 02 of 2007. By the said judgment, the trial court convicted the applicant, who was accused No.1 before the trial court, for the ofences punishable under sections 143, 147, 148, 149, 302 and 427 of the Indian Penal Code, 1860 ( for short 'IPC') and sentenced as follows:

(a) Rigorous Imprisonment for life for the ofence punishable under section 302 of IPC;

(b) Rigorous Imprisonment for three years for the ofence punishable under sections 143, 147, 148, 149 of the IPC; and

(c) Rigorous Imprisonment for two years for the ofence punishable under section 427 of the IPC.

2] By this application under section 389 of Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), suspension of substantive sentence during the pendency of appeal and consequently, release of the applicant on bail is sought.

3] We have heard the learned senior counsel for the applicant and the learned aPP for the respondent/State.

4] The deceased Sandip Shankar Mohol, at the relevant time, was the Vice President of General Kamgar Union, Nationalist Congress Party and also Sarpanch of village Mutha.

5] according to the prosecution, on the day of incident, i.e., on 4.10.2006, the deceased Sandip Mohol was travelling to Pune from his village Mutha by Scorpio car bearing registration No. MH-12-CY-0082 and at that time Vikas M. Mohol (PW-14), Suresh Marne (PW-24) and Prakash Karpe (PW-30) were travelling with him.

6] according to the prosecution, at about 11.30 a.m., when their car was at trafc signal at Paud Phata Flyover, suddenly, the applicant along with other co-accused came there on 3-4 motorcycles. They parked their motorcycles on the road. according to the prosecution, the applicant was armed with pistol and other co-accused were armed with choppers, knives, sickles etc. according to the prosecution, the applicant fred sie gunshots at the deceased. The said bullets hit the deceased and he was injured. The deceased was taken to Sanjivani Hospital, where he succumbed to his injuries. according to the prosecution, the applicant along with other co-accused committed the murder of the deceased on account of previous enmity.

7] The crime was registered. During the course of investigation, the applicant and other co-accused were found to be members of the organized crime syndicate, therefore, the approval was sought for invoking the provisions of the Maharashtra Control of Organized Crime act, 1999 (for short 'MCOC act'). accordingly, the approval was granted to invoke the provisions of MCOC act against the applicant and other accused on 31.12.2006. On completion of investigation and after obtaining the sanction under the provisions of MCOC act, charge-sheet was fled against the applicant and other co-accused for the ofences punishable under sections 120-B, 143, 147,148,149, 302, 307, 341, 427 and 109 of the IPC and under sections 3(25), 4 (25) of the arms act and under section 37(1) read with section 135 of the Maharashtra Police act and under sections 3(1)(i), 3(1)(ii), 3(2), 3(4) of the MCOC act. The trial court acquitted the applicant and other co-accused of the ofences punishable under the MCOC act.

8] The learned senior counsel for the applicant submits that out of alleged 10 eye-witnesses, sie witnesses have not identifed the applicant either in T.I. parade or before the court. It is submitted that PW-11, PW-14, PW-24 and PW-30 have identifed the applicant in T.I. parade and before the court, however, the trial court has disbelieved the testimony of PW-14, PW-24 and PW-30. It is submitted that the trial court has convicted the applicant only on the basis of sole testimony of PW-11 Police Constable Haridas Khandu Shegar, whose statement was recorded after two days of incident. It is submitted that the admissions in the cross-eeamination of PW-11 would show that he is got