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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

INTERIM APPLICATION NO.329 OF 2022

AND

INTERIM APPLICATION NO.328 OF 2022

IN

CRIMINAL APPEAL NO.111 OF 2022

Shakir Nasir Pathan @ Motha Pathan

Applicant

versus

The State of Maharashtra

Respondent

AND

INTERIM APPEAL NO.452 OF 2022

IN

CRIMINAL APPEAL NO.119 OF 2022

Ganesh Suresh Wagh @ Ganya Kavlya

Applicant

versus

The State of Maharashtra

Respondent

Mr.Hrishikesh Mundargi i/by Ms.Paavani Chadha, Advocate for

applicants in IA Nos.329 and 328 of 2022.

Mr.Ajay Patil, APP, for State.

Mr.Aniket Nikam with Mr.Piyush Toshnival and Mr.Vivek Arote,

Advocate for applicant in IA No.452 of 2022.

Mr.Arfan Sait, APP, for State.

CORAM : PRAKASH D. NAIK, J.

DATE : 11^th March 2022

PC :

1.

Interim Application Nos.329 of 2022 and 328 of 2022 in

Criminal Appeal No.111 of 2022 are preferred for suspension of

sentence/bail and suspension of fine by convict Shakir Nasir Pathan

(accused No.5). Whereas Interim Application No.452 of 2022 in

Criminal Appeal No.119 of 2022 is preferred by convict Ganesh

Suresh Wagh @ Ganya Kavlya (accused no.1).

MANISH

SURESH

THATTE

Digitally signed by

MANISH SURESH

THATTE

Date: 2022.03.30

17:19:27 +0530

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2.

The accused were tried for the offences punishable under

Sections 395, 397, 307, 387, 120B, 143, 144, 147, 506, 427, 323,

504 r/w Section 149 of Indian Penal Code. Section 3/25 of The

Arms Act, Section 135 of Bombay Police Act and Section 3(1)(ii),

3(2) and 3(4) of Maharashtra Control of Organized Crimes Act.

3.

The case of prosecution is that the informant (PW-11) is the

resident of Shivpuri Chowk, Nashik. He is a fruit vendor. On 31^st

May 2016 he was proceeding to his house. Accused No.5 Shakir

Nasir Pathan, Saidya Shaikh (Juvenile), Ganesh Suresh Wagh

(accused no.1), Mukesh Rajput (accused no.4) and 4 to 5 other

members of Tipper Gang were gathered at Shubham Part road.

Informant was called by accused no.5. The informant went to him.

Accused no.5 was holding pistol. The accused nos.1 and 4 were

armed with iron rods. Saidya Shaikh (Juvenile) was holding sword.

Accused no.5 questioned the first informant and demanded Rs.5

lakh. The accused no.1 abused him and stated that he has money as

he has sold his house, he is fruit merchant, and he should give the

money. He was threatened that if he does not oblige, his parents

would be killed. Accused no.5 abused informant and applied pistol

on his left ear and stated that if he raise alarm he would be killed.

He was assaulted by fist and kick blows. Accused Saidya Shaikh

(Juvenile) assaulted the informant by sword. He received injury on

left side of chest. Cash of Rs.7,300/- was forcibly taken. The FIR

was registered by first informant (PW-11) with Ambad Police Station.

Provisions of MCOC Act were invoked.

4.

By judgment and order dated 28^th September 2021 the Special

Court under MCOC Act convicted the applicants. The accused nos.1

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and 5 were convicted under Sections 307, 387, 506(II) and 397 of

IPC. Applicants were also convicted u/s.3(1)(ii) and Section 3(4) of

MCOC Act. The accused no.4 was convicted under Section 3(4) of

MCOC Act. For conviction under Section 307 KPC, the applicants

were sentenced to suffer imprisonment of ten years and fine of

Rs.3,000/- each. For conviction under Section 387 r/w 34 of Indian

Penal Code, the applicants were sentenced to suffer imprisonment of

five years and fine of Rs.2,000/- each. The applicants were

sentenced to suffer imprisonment of six months, one month and

eight years for conviction under Section 506(II) r/w 34 of IPC, 426

r/w 34 IPC and 397 of IPC. They were sentenced to imprisonment of

10