IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR.

CRIMINAL APPEAL NO. 23/2025

1. Mohsin Nasir Sheikh, Aged 35 yrs., Occ. Labour, 2. Abhijit @ Pawan Moreshwar Katare, Aged 35 yrs., Occ. Labour, 3. Sheikh Nasif Sheikh Rashid, Aged 33 yrs., Occ. Labour, All R/o. Jalnagar Ward, Chandrapur.

...APPELLANTS VERSUS

1. State of Maharashtra, through Police Station officer, Police Station – Ramnagar, Dist. Chandrapur.

...RESPONDENT -------------------------------------------------------------------------------------

Mr. Akshay Naik, Senior Advocate assisted by Mr Aniruddha Jaltare, Advocate for appellants.

Mr. S. S. Doifode, Additional Public Prosecutor for respondent/State.

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CORAM : ANIL L. PANSARE AND M. M. NERLIKAR, JJ .

CLOSED FOR JUDGMENT : 13.08.2025 PRONOUNCEMENT OF JUDGMENT : 25.08.2025 JUDGMENT : ( PER: M. M. NERLIKAR , J .)

Heard.

2. Rule. Rule made returnable forthwith. By consent of parties, heard finally.

3. By way of present appeal, the appellants have challenged the orders dated 07.12.2024, 04.01.2025 and 18.01.2025, whereby the learned Special Judge, Chandrapur has extended the time for filing the charge-sheet. It is further prayed to quash and set aside the orders dated 09.12.2024, 08.01.2025 and 05.02.2025, by which the learned Special Judge, Chandrapur has rejected the application under Section 187(2)(i) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”) filed by the appellants for grant of statutory bail. It is further prayed that the appellants be enlarged on bail in offence registered with Police Station – Ramngar, Dist. Chandrapur vide Crime No. 798/2024 for commission of offence under Sections 103(1), 109(1), 189(2), 189(4), 190, 191(2), 191(3) and 61 of the Bhartiya Nyaya Sanhita (“BNS”)

Sections 3, 4 and 25 of the Indian Arms Act, 1959 3(1)(i)(ii), 3(2) and 3(4) of the Maharashtra Control of Organised Crime Act, 1999 (“MCOCA”) and 135 of the Maharashtra Police Act.

4. Brief facts:-

On 12.08.2024, informant Shivaji Vasanta Gonewar lodged the report with Police Station, Ramnagar, District Chandrapur alleging that at around 03.00 p.m. when the informant was at his house, deceased Haji called him and asked him to come to his house. The deceased informed him that one Nur and Sameer Sheikh are intending to commit his murder, and therefore he wanted to inquire by going to Chandrapur as he has received the information about the same. When the informant and deceased along with others were enroute towards Chandrapur at about 03.50 p.m., two persons boarded the car of deceased Haji and thereafter, all the five persons went to Shahidarbar Hotel, Chandrapur. When the deceased and other person went inside the hotel to have a meal at about 04.15 p.m. one white colour Renault Company car came and stopped in front of the informant. Seven persons got down from the said vehicle and they were armed with guns and knives. Immediately, the accused persons started firing bullets on the informant, who ran and took shelter behind the Pan Shop, however, two bullets hit him on his left leg. Thereafter, all the accused persons went inside the hotel and fired at Haji. After that, the accused persons ran away. Haji was brought to the Government Hospital, Chandrapur and during treatment, he succumbed to the injuries. On 13.08.2024, six accused persons out of seven surrendered and accordingly, they were arrested and granted Police Custody. During the investigation, it transpired that some other persons were also involved and accordingly, they were arrested on 18.08.2024, wherein the present appellants are also included as accused Nos. 9, 10 and 11. They were produced before the learned Magistrate on 18.08.2024 and the police custody remand was granted till

20.08.2024.

5. The following undisputed facts emerges from the record a proposal was sent for invoking the provisions of the MCOCA and accordingly, the approval under Section 23(1)(a) of the said Act was