The court ruled that anticipatory bail cannot be granted under the M.C.O.C. Act when sufficient evidence of involvement is present and that precedent must articulate general legal principles.

JUDGMENT

A.S. Gadkari, J. - Petitioner has invoked jurisdiction of this Court under Article 226 of the Constitution of India read with Section 482 of CRIMINAL PROCEDURE CODE (for short, 'CrPC.'), challenging the 'Prior Approval' dated 5th July 2023, issued by Respondent No.2, under Section 23(1) (a) of the Maharashtra Control of Organised Crime Act, 1999 (for short, 'M.C.O.C. Act') and for anticipatory bail under Section 438 of Cr.PC., in C.R. No.346 of 2023, dated 22nd May 2023, registered with Chikhali Police Station, Pimpri-Chinchwad Police Commissionerate, District Pune, under Sections 3 02, 120-B, 34 of the INDIAN PENAL CODE and under Section 3 , 25, and 27, of the ARMS ACT , 1959 and under Section 3 7(1), (3) read with 135 of the MAHARASHTRA POLICE ACT and under Sections 3 (1) (ii), 3(4) of the M.C.O.C. Act.

1.1 The Intervenor is the original complainant / informant and has filed the aforenoted Interim Application for intervention, to address the Court and to oppose the prayer of the Petitioner.

2. Heard Mr. Joshi, learned counsel for the Petitioner, Mr. Bhise, learned counsel for the Intervenor, Mr. Raja Thakare, learned senior counsel, amicus curiae, and Mr. Patil, learned A.PP for the Respondents. Perused entire record produced before us and the Written Submissions on behalf of the Petitioner, dated 25th October 2023.

3. The First Information Report is lodged by Mr. Rajendra K. Karle on 22nd May 2023. The informant is the maternal uncle of Krushna @ Sonya H. Tapkir (deceased). The prosecution case in brief is that, during the Navratri Festival arranged at Patil Nagar, Chikhali in the preceding year, a tussle took place between Karan Rokade (A.No.1) and his friends on one side and Krushna @ Sonya and his friends on the other side. In the said tussle altercations took place. At that time, Karan Rokade had threatened Krushna @ Sonya of dire consequences. Karan Rokade was also having grudge against Krushna @ Sonya, as the popularity of Krushna @ Sonya was on rise in the vicinity of Chikhali. That, on 22nd May 2023 at about 2.19 p.m. the informant received a call from his sister Smt. Jayashree H. Tapkir, who informed him that Krushna @ Sonya has been assaulted by somebody and admitted in hospital. The informant's nephew namely Milind told him that, on 21st May 2023 one Mr. Saurabh @ Sonya Pansare had come to meet Krushna @ Sonya and apologized for whatever happened during the Navratri Festival and to forget about the past. That, a friend of the informant told him that, at about 1.40 - 1.45 p.m. on the same day Saurabh Pansare and Siddharth Kamble had came on a bike at the place of offence, where Krushna @ Sonya and his friend were standing and thereafter Saurabh Pansare fired bullets on the chest, neck and other parts of body of Krushna @ Sonya and fled away on their KTM motorcycle. Krushna @ Sonya passed away on 22nd May 2023, while undergoing medical treatment. In this brief premise, present crime is registered.

4. During the course of investigation it revealed to the police that, the murder of Krushna @ Sonya is committed by the organised crime syndicate headed by Karan Ratan Rokade (A.No.1) and therefore the Senior Inspector of Police, Chikhali Police Station submitted a report dated 29th June 2023 to the Respondent No.2 for applying the provisions of M.C.O.C. Act to the said C.R. No. 346 of 2023. In the said proposal the Petitioner is named at Sr. No. 12, as a member o