Long pre-trial incarceration does not guarantee bail if strong prima facie evidence exists against the accused.

1. These two bail applications concern FIR No.I - 61 of 2017 dated 15.02.2017 registered at Police Station Narpoli Bhiwandi, District - Thane for offences under S.302, S.143, S.146, S.147, S.148 and S.149 read with S.120 - B of the Indian Penal Code, 1860 ( IPC ); S.3, S.25(1B)(a), S.27(2), S.4 and S.27 of the Arms Act, 1959 ; S.37(1) and S.135 of the Maharashtra Police Act, 1951 and S.3(1)(i)(ii), 3(2) and 3(4) of the Maharashtra Control of Organized Crime Act, 1999 (MCOC Act).

2. In Bail Application No.3862 of 2024, the applicant - Prashant Bhaskar Mhatre is accused No.10, who is also allegedly the gang - leader in this case, in the context of offences registered under the MCOC Act. In Bail Application No.4730 of 2024, the applicant - Rajni alias Rajnikant Prakash Mhatre is accused No.13. Accused No.10 was arrested on 28.03.2017 and applicant No.13 was arrested on 29.03.2017. Both have remained incarcerated since the date of their respective arrests, thereby showing that they have suffered incarceration for a period of almost eight years.

3. By order dated 04.09.2024, this Court had granted bail to four co - accused persons i.e. Vishu alias Vishwapal Balram Patil, Viddhesh Sudam Patil, Sujit alias Bandya Balaram Mhatre and Chiranjiv alias Motu Balaram Mhatre, upon imposing appropriate conditions. The applicants, in the present case, are seeking bail on parity as well as on the basis of submissions made on their behalf in the instant two applications.

4. The incident, in the present case, took place on 14.02.2017 and the FIR was registered on 15.02.2017. The first informant was the driver of the victim. It was stated that when the victim got down from his car and when the first informant - driver was parking the car, the accused persons brutally assaulted the victim by means of firearm as well as sickles and choppers, grievously injuring him at the spot of the incident. It is alleged that after the assault, the accused persons fled away from the spot of the incident and some of them escaped in a Swift car, waiting outside to help them escape from the spot of the incident. The first informant alleged that the applicant - accused No.10 was the main person behind the assault as he had a long standing enmity against the victim. It was stated that the victim was a Corporator from a particular political party for a long period of time, while the accused No.10, being the cousin of the victim, was his political rival.

5. The police investigated into the matter, arrested the accused persons on various dates and filed charge - sheet. The charge could be framed only on 31.01.2024 and thereafter till date, the prosecution has examined 14 witnesses, while it intends to examine total of about 75 witnesses to prove its case.

6. The learned counsel appearing for the two applicants before this Court made submissions relevant to the material placed against them by the investigating authority in the charge - sheet. But, on the aspect of long incarceration suffered by both the applicants, common submissions were made and in that context, reliance was placed on behalf of both the applicants on the aforementioned order dated 04.09.2024, whereby the aforesaid four accused persons were granted bail by this Court. The two applications are being dealt with separately, one after the other, in this common order.

BAIL APPLICATION NO.3862 OF 2024

(Applicant Accused No.10 - Prashant Bhaskar Mhatre)

7. Mr. Vinod Kashid, learned counsel appearing for the applicant - accused No.10 submitted that although an earlier bail application on behalf of the applicant was disposed of as withdrawn on 16.04.2024, in the said order passed by this Court (Coram : M.