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PRITHVIRAJ K. CHAVAN
Laxman Rama Pawar @ Mahakal – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
1. The applicant is one of the 11 accused, who are being prosecuted for the offences punishable under Sections 307, 120(B) of the Indian Penal Code r/w Sections 3 and 25 of the Arms Act and subsequently by invoking stringent provisions of the Maharashtra Control of Organized Crimes Act (for short “MCOC Act”) by the DCB, CID vide C.R. No.11 of 2018, C.R. No.19 of 2019 and C.R. No.99 of 2015. Initially, an offence against the applicant and the rest of the accused came to be registered at Vikhroli Police Station vide C.R. No.509 of 2019 on 19.12.2019.
2. A few facts germane for disposal of this application can be summarized as follows.
3. The first informant, on 19.12.2019 after worshiping in the Sai Temple was sitting in the office of the temple. The accused no.4 – Sagar came into the office and opened a fire by means of a gun. The bullet fired from the gun pierced into his arm, resulting into a bleeding injury. However, the first informant along with his son apprehended the assailant on the spot. Subsequently, accused nos. 1 and 2 also came to be arrested on 24.12.2019.
4. During the course of investigation, statements of the witnesses came to be recorded, a memorandum pa
The court ruled that the applicant's involvement in organized crime and conspiracy to commit murder, supported by substantial evidence, justified the rejection of bail under the MCOC Act.
The court affirmed that involvement in an organized crime syndicate justifies stringent bail denials, emphasized by the presence of multiple charges and confessions from co-accused.
Insufficient prima facie evidence to link the applicant to organized crime syndicate warrants bail under MCOCA's stringent conditions.
The main legal point established is the requirement to establish a prima facie nexus between past crimes and the present crime to invoke the Maharashtra Control of Organised Crime Act.
The main legal point established in the judgment is the need to strictly construe the provisions of MCOCA, establish the mens rea, and consider the length of the period spent in custody and the unlik....
The MCOC Act can be applied to individuals involved in organized crime based on their nexus with a crime syndicate, even if they are implicated in a single case, provided there is sufficient evidence....
The court established that prolonged pre-trial detention without a timely trial can infringe upon the constitutional right to personal liberty, and that the principle of parity can be applied in bail....
MCOCA Section 21(4) bail denied only if reasonable grounds beyond prima facie establish guilt; calls, photos, unlinked deposits insufficient absent confession mention or proven syndicate nexus.
(1) Offence under MCOCA must comprise continuing unlawful activity relating to organized crime undertaken by an individual singly or jointly, either as a member of organized crime syndicate or on beh....
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