Bail under the MCOC Act requires clear evidence of innocence; prior criminal history impacts bail considerations.

JUDGMENT :

AMIT BORKAR, J.

1. This is an application filed by the applicant, accused No.5, under Section 439 of the Code of Criminal Procedure read with Section 21 of the Maharashtra Control of Organised Crime Act, 1999 (hereinafter referred to as the MCOC Act), seeking bail in connection with Crime No.01 of 2022 registered at Kanjurmarg Police Station for the offences punishable under Sections 399, 402, 353, 307, 332 of the Indian Penal Code, read with Sections 4 and 25 of the Arms Act, Section 37(1)(A) read with Section 135 of the Maharashtra Police Act, and Sections 3(1)(ii), 3(2), and 3(4) of the MCOC Act.

2. It is the case of the prosecution that on 2nd January 2022, at about 10:00 p.m., the officials of Kanjurmarg Police Station received a credible tip-off from an informant that certain individuals, who were habitual offenders and whose names were recorded in the police station’s history-sheets, had gathered in the vicinity of Karvenagar with a common object of committing a dacoity. The said individuals were identified as Mohan alias Mogam Shetty, Shiva Shetty, Sairam Gangipalli, Loknath alias Logo Shetty (i.e., the present applicant), Dinesh Yadav, Ratan and others.

3. Acting upon the said information, the complainant, Police Officer Shri Revle, organised a trap in the presence of two independent panch witnesses and other police staff. The informer guided the team to an open space located behind the premises of Ekta Co-operative Housing Society and Vignaharta Housing Society, where the suspects were alleged to have assembled. The police team, in coordination, took strategic positions so as to maintain uninterrupted visual contact with Shiva Shetty and approximately 5 to 6 other persons present at the spot.

4. The complainant and the panch witness stealthily moved closer to the group and allegedly overheard Shiva Shetty conveying to his associates that he had received prior information that one jeweller was scheduled to arrive at Kanjurmarg Railway Station (East) carrying a bag filled with cash. It is further alleged that Shiva Shetty instructed Mohan Shetty to throw chilli powder into the eyes of the said jeweller, so as to enable him (Shiva Shetty) to snatch the said bag and flee from the spot. He also exhorted the other associates to remain vigilant and alert during the operation.

5. Upon being satisfied that the group was in the process of preparing to commit a cognizable and grave offence punishable under law, the complainant signalled his fellow officers to take appropriate action. Acting in accordance with their plan, the police personnel surrounded the accused. At that juncture, when the complainant tried to apprehend Shiva Shetty and called upon the group to surrender, Shiva Shetty resisted the attempt and allegedly incited his associates by shouting to Ratan to kill the complainant. It is further alleged that Shiva Shetty instructed the present applicant (Loknath @ Lobo) and Sairam to draw out weapons and launch an assault on the police officers.

6. Pursuant to the said exhortation, accused Ratan is alleged to have come from behind and attacked the complainant with a sharp weapon on his back repeatedly, i.e., five to six times, thereby enabling Shiva Shetty to escape from the clutches of the complainant. Meanwhile, another associate attempted to escape, but was intercepted by other members of the police team. It is further alleged that Shiva Shetty raised an alarm by shouting “Lobo usko ghusad de,” upon which the present applicant, i.e., Loknath alias Lobo,