Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SHREE CHANDRASHEKHAR, CJ., GAUTAM A. ANKHAD
Tejas Dilip Gaikwad, R/at Jain Line Quarters – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
Aggrieved by registration of a First Information Report vide FIR No.378 of 2025 at Vimannagar Police Station, Pune on 4th August 2025, the petitioner has invoked jurisdiction of this Court under Articles 226 and 227 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. At prayer (c) in this writ petition, the petitioner has also laid a challenge to the Sanction Order dated 20th August 2025 issued under Section 23(1) of the Maharashtra Control of Organized Crime Act, 1999 (in short, “MCOCA”).
2. Mr. Dushing, learned counsel for the petitioner, submitted that the petitioner is a law-abiding citizen from a respectable family and a responsible member of society. He contended that the FIR has been lodged on false allegations and that the petitioner has no connection whatsoever with the alleged offence. According to him, the mere act of attending the birthday celebration of a person with criminal antecedents does not constitute an offence. There is no allegation in the FIR of any offence being committed by the petitioner. He submitted that the present case falls within the parameters laid down by the Hon’ble Supreme Court in “State o
An FIR cannot be quashed if allegations disclose potential criminal activity, including vicarious liability under unlawful assembly provisions, despite claims of mere presence at a gathering.
The court affirmed the conviction of the appellants under sections 147, 148, 149/307, and 149/302 IPC, establishing that they formed an unlawful assembly with a common object to cause harm, leading t....
The mere presence in an unlawful assembly implicates accused members under Section 149 IPC, regardless of individual intent, if actions align with the assembly's common purpose.
The court clarified that mere membership in an assembly does not imply unlawful assembly or vicarious liability without proof of a common criminal intent.
The active participation of an accused in an unlawful assembly, as evidenced by their conduct, can lead to vicarious liability under Section 149 IPC, warranting denial of bail.
Point of Law : Citizenship – Protest – Rejection of bail - none of those co-accused who have been granted bail were caught in an overt act which indicated their active participation in perpetrating t....
(1) Offence under MCOCA must comprise continuing unlawful activity relating to organized crime undertaken by an individual singly or jointly, either as a member of organized crime syndicate or on beh....
The court upheld the convictions under IPC Sections 147, 148, 149, and 302, affirming that all members of an unlawful assembly are liable for offences committed in furtherance of a common object.
The judgment emphasizes the need for a balanced approach to uphold personal liberty while ensuring proper enforcement of criminal law, and the court's discretion in granting bail based on a careful c....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
