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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO.3643 OF 2021

Subhash Kundalik Khade

Applicant

versus

The State of Maharashtra

Respondent

Mr.Priyal G. Sarda, Advocate for applicant.

Ms.P.N.Dabholkar, APP, for State.

CORAM : PRAKASH D. NAIK, J.

DATE : 6^th October 2022

PC :

1.

This is an application u/s.439 of Code of Criminal Procedure.

The applicant was arrested on 17^th September 2017 in connection

with CR No.183 of 2017 registered with Bharti Vidypeeth Police

Station. He was granted bail by order dated 3^rd November 2017.

Subsequently provisions of Maharashtra Control of Organized Crimes

Act were applied. Hence applicant was again arrested on 16^th April

2018 and since then he is in custody.

2.

Initially, C.R. No. 183 of 2017, was registered on 11^th April,

2017, with Bharti Vidhyapeeth Police Station, Pune, for offences

punishable under Section 224 read with 34 of Indian Penal Code.

The said FIR was lodged by Sanjay Chandanshiv, police head

constable. He was assigned duty as Guard Amaldar incharge. It was

alleged that the accused No.1 Raju Mahadeo Patre, accused No.2

Santosh Machindra Jagtap, accused No.3 Lubbya @ Santosh

Chintaman Chandilkar were detained at Yerawada Central Prison.

They were to be produced before the Court of Judicial Magistrate

MANISH

SURESH

THATTE

Digitally signed by

MANISH SURESH

THATTE

Date: 2022.10.10

11:06:11 +0530

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First Class, Khandala, District-Satara on 10^th April, 2017, from

Yerawada Prison. They proceeded by van. They reached the Court

at 14:00 p.m. The case was adjourned to 21^st April, 2017. Accused

were to be taken back to Yerawada prison. They proceeded towards

Yerawada Jail. Accused were not handcuffed. While they reached

Katraj Ghat, vehicle was stopped as accused wanted to answer

nature’

s call. Accused got down from vehicle. They pushed police

party and managed to escape in jungle by taking advantage of

darkness. Police chased them but could not trace them.

3.

Subsequently, First Information Report was registered with

Pimpri Chinchwad Police Station, Pune, since it was revealed that the

incident had occurred within the jurisdiction of said police station

vide C.R. No. 352 of 2017 for the offences punishable under Sections

224, 34 of IPC. The FIR is dated 23^rd June, 2017. Thereafter,

Section 115 read with Sections 302, 219 and 223 read with Section

3, 5 and 25 were added. Sections 212, 216, 219, 223, 225, 414 and

419 of IPC were also added. Approval for invoking provisions of

MCOC Act was granted on 8^th November, 2017. Sanction was

granted on 8^th March, 2018, under provisions of Section 3(1)(II),

3(2), 3(3) and 3(4) of MCOC Act.

4.

During the course of investigation, it was revealed that the

accused Sushil Mancharkar is involved in politics. He came in

contact with the gang leader Santosh @ Lubhya Chandilkar. Sushil

Mancharkar wanted to liquidate Kailas Kadam. There was a

conspiracy by him. The persons who escaped from the custody were

contacted and contract was given to them to kill Kailas Kadam. The

co-accused Sushil Mancharkar activated the proceedings in the court

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at Khandala. The accused No.10 Vijay Waghmare working as Police

Naik was entrusted work of allotment of police personal for taking

accused persons to Courts from the jail. It was ensured that same

police personals are deputed for taking accused No.1, accused No.2

and accused No.15 to the Court from the jail. The accused had

appeared in the trial Court for about 11 dates. With the assistance of

the police, the accused managed to flee from custody. However,

subsequently, they were arrested and arraigned accus