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2024 Supreme(Bom) 180

PRITHVIRAJ K. CHAVAN
Laxman Rama Pawar @ Mahakal – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Applicant : Mr. Santosh Deshpande i/b Mr. S.M. Deshpande & Associate.
For the Respondent: Mr. A.A. Palkar, APP

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

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