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SARANG V. KOTWAL
Shakir Nasir Pathan @ Motha Pathan – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
Sarang V. Kotwal, J.
1. All these Appeals are decided by this common Judgment because they arise out of the same impugned Judgment and order of conviction and sentence. The impugned Judgment and order is passed by the Special Judge under MCOCA, Nashik, in Special Case No.5 of 2016. The Appellant Ganesh Suresh Wagh @ Ganya Kavlya in Criminal Appeal No.119 of 2022 was the original accused No.1. The Appellant Mukesh Dalpatsingh Rajput in Criminal Appeal No.917 of 2021 was the original Accused No.4 and the Appellant Shakir Nasir Pathan @ Motha Pathan in Criminal Appeal No.111 of 2022 was the original Accused No.5. For the sake of convenience, the Appellants are referred to by their names, in the following discussion. There were in all six accused. The Appellants were convicted and sentenced as follows:
ii) The Appellants Ganesh and Shakir were convicted for commission of offence punishable under section 387 r/w. 34 of the I.P
The judgment clarified the standards for proving membership in an organized crime syndicate and the necessity of demonstrating continuing unlawful activity under MCOCA.
(1) Every court has to be extra cautious and careful while appreciating testimony of eyewitnesses and more so, if such eyewitnesses are related to victim.(2) Family gathering on platform cannot be sa....
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 court affirmed that involvement in an organized crime syndicate justifies stringent bail denials, emphasized by the presence of multiple charges and confessions from co-accused.
The court upheld convictions for robbery and rape, confirming the applicability of the MCOC Act and emphasizing the gravity of the offenses, while reducing excessive fines imposed on the convicts.
Unlawful activity - If a person may or may not have any direct role to play as regards commission of an organized crime, if a nexus either with an accused who is a member of an “organized crime syndi....
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 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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