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N. R. BORKAR
Aniket S. Bawaskar – Appellant
Versus
State of Maharashtra – Respondent
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
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 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 main legal point established is the court's discretion to grant bail despite statutory restrictions under the MCOC Act, based on the constitutional right to a speedy trial and the lack of direct ....
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 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....
Bail under the MCOC Act requires clear evidence of innocence; prior criminal history impacts bail considerations.
The court held that the evidence presented indicates substantial involvement of the applicant in a murder conspiracy linked to organized crime, justifying denial of bail under MCOCA.
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