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2021 Supreme(Bom) 1751

M.S.JAWALKAR
Aniket Viju – Appellant
Versus
State Of Maharashtra – Respondent


Advocates appeared:
V.M.Kagne, Advocate, S.S.Jadhav, Advocate

JUDGMENT

1. These applications can be disposed of by common order as they arise out of the same crime.

2. These are the applications under Sec. 439 of the Code of Criminal Procedure for releasing the applicants on bail in connection with Crime No. 228/2021 registered with Topkhana Police Station, Dist. Ahmednagar for the offences punishable under Ss. 395, 386, 452, 427, 323, 504, 506 of the Indian Penal Code, Sec. 142 of Bombay Police Act and under Sec. 3(1)(ii), 3(2), 3(4) of Maharashtra Control of Organised Crimes Act, 1999 (MCOC Act).

3. Facts in brief are that on 20/3/2021, the applicants along with other accused committed criminal trespass in Rubbab, the Perfect Men Shop and Sunil Cycle Mart and committed dacoity. Upon the lodging of the First Information Report, offence as aforesaid came to be registered against the applicants and other accused.

4. It is the further case of prosecution that applicant No. 1 Bandu @ Suraj and application No. 2 Akshay Govind Shirsath in Bail Application No. 1187/2021 were arrested on 20/4/2021 and 23/4/2021 respectively. On 30/4/2021, they came to be remanded to the Magisterial Custody. Applicant Aniket Viju Kuchekar in Bail Application No. 1182/

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