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N. J. JAMADAR
Satish Appa Ithape – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT/ORDER
1. The applicant/accused No. 8, who is arraigned in C.R. No. 622 of 2016 registered at Yavat police station, Pune for the offences punishable under Sec. 395, 412, 413, 414 of the Indian Penal Code, 1860 and Sec. 3(1)(ii), 3(4), 3(5) and 4 of the Maharashtra Control of Organized Crime Act, 1999 (MCOC), has preferred this application to enlarge him on bail.
2. The gravamen of indictment against the applicant and the co-accused is as under:- The applicant's brother Sachin Ithape, the accused No. 1 is the leader of an organized crime syndicate comprising accused Nos. 1 to 7. They are indulging in continuing unlawful activities within the meaning of MCOC Act, 1999. They commit dacoities armed with deadly weapons and implements of house breaking by night. Accused Nos. 1 to 7 share the stolen property and out of the proceeds of the crime acquired properties.
3. On 10/9/2016 at about 2 am, accused Nos. 1 to 7 committed dacoity at the District Central Cooperative Bank Limited, at Rahu, Tal. Daund. Dipak Bhalerao, the security guard and his associate Uttam Wagh were threatened on the point of knife. They were assaulted. Their hands and legs were tied. Thereafter, the accused Nos.
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....
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.
Point of law : discretion for grant of bail must be exercised cautiously while considering the bail petitions of the nature being dealt with.
The right to a speedy trial must be balanced against the gravity of the offence and potential risks to public safety, even in cases of prolonged judicial custody.
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