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IN THE HIGH COURT OF BOMBAY
N.R. Borkar, J.
Aniket S. Bawaskar - Appellant
Versus
State of Maharashtra - Respondent
Bail Application No. 2298 of 2022
Decided On : 07-02-2023
BAIL - ORGANIZED CRIME - The court granted bail to the applicant, who was accused of being part of an organized crime syndicate involved in extortion. The court considered the applicant's prolonged detention of over two years and the nature of the allegations, ultimately deciding that the circumstances warranted the granting of bail under the provisions of the Code of Criminal Procedure.
Fact of the Case:
The applicant was arrested in connection with multiple crimes involving extortion and organized crime under various sections of the Indian Penal Code and the Maharashtra Control of Organized Crime Act. The complainants in these cases were also co-accused with the applicant in another crime, raising questions about the credibility of the allegations.
Finding of the Court:
The court found that the applicant had been in jail for more than two years and that the allegations against him were intertwined with those of the complainants, who were also implicated in other crimes. This led the court to consider the overall circumstances favorably for the applicant.
Issues: Whether the applicant should be granted bail considering the nature of the charges, the duration of detention, and the relationship between the applicant and the complainants.
Ratio Decidendi: The court emphasized the importance of the duration of detention and the need for a fair trial, concluding that the applicant's continued incarceration was not justified given the circumstances.
Final Decision: The bail application was allowed, and the applicant was ordered to be released on bail upon furnishing a personal bond and sureties, with conditions to report to the police station monthly until the trial's conclusion.
JUDGMENT/ORDER
1. This is an application under Sec. 439 of Code of Criminal Procedure for bail.
2. The applicant came to be arrested in Crime No.127 of 2021 registered at Sinhgad Road Police Station, Pune city for the ofences punishable under Ss. 384, 386 and 388 read with 34 of the Indian Penal Code, Sec. 3(1)(ii) and 3(4) of the Maharashtra Control of Organized Crime Act, 1999 (MCOC Act), Sec. 4 r/w. 25 of the Indian Arms Act and Sec. 37(1) read with 135 of Maharashtra Police Act.
3. I have heard the learned counsel for the applicant and the learned APP for the respondent - State.
4. According to the prosecution, the applicant is a member of organized crime syndicate formed by co-accused Roshan Lokhande. The allegations against the present applicant and other co-accused are of extortion.
5. The complainant in the present crime is Vikram @ Dashrath Babanrao Manhere. This complainant is the co-accused along with present applicant in Crime No. 95 of 2021 registered by the very same police station. There is one more crime, wherein the applicant is accused i.e. crime No.114 of 2021 and the complainant in the said crime is Sunil V. Walekar, who is also coaccused with the applicant in Crime No. 95 of 2021.
6. The competent authority has relied upon the Crime Nos.95 of 2021 and 114 of 2021 to grant approval to invoke the ofences punishable under MCOC Act meaning thereby the complainant in the present crime as well as the complainant in Crime No.114 of 2021 are members of the alleged organized crime syndicate, so also they are it's victims.
7. Considering the overall facts and circumstances and as the applicant is in jail for more than two years, I am inclined to release the applicant on bail. In the result, the following order is passed.
ORDER
B] The applicant be released on bail in C.R. No. 127 of 2021 registered at Sinhgad Road Police Station, Pune city for the ofences punishable under Ss. 384, 386 and 388 read with 34 of the Indian Penal Code, Sec. 3(1)(ii) and 3(4) of the Maharashtra Control of Organized Crime Act, 1999 (MCOC Act), Sec. 4 r/w. 25 of the Indian Arms Act and Sec. 37(1) read with 135 of Maharashtra Police Act on furnishing P.R Bond in the sum of Rs.25, 000.00 (Rupees Twenty Five Thousand) with one or two sureties in the like amount.
C] The applicant shall attend the concerned police station once in a month, i.e., on frst Saturday between 11.00 a.m. to 2.00 p.m. till conclusion of the trial.
The court established that prolonged detention without trial, coupled with the complexities of the allegations involving co-accused complainants, can warrant the granting of bail under the Code of Cr....
The main legal point established in the judgment is the consideration of material evidence, the admissibility of statements made by co-accused, and the interpretation of the MCOC Act in granting bail....
The court ruled that the stringent standards for bail under the MCOC Act must be met, confirming that repeat offenders are disqualified from bail absent exceptional circumstances.
The advanced stage of the trial and the likelihood of its conclusion soon outweighed the long period of incarceration, leading to the rejection of the bail application.
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 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 right to a speedy trial is fundamental under Article 21 of the Constitution, and prolonged detention without trial can warrant the granting of bail, especially when the prosecution has not estab....
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....
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