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HIGH COURT OF BOMBAY
KIRAN @JANGLYA S/O ASHOK JADHAV AND OTHER – Appellant
Versus
THE STATE OF MAHARASHTRA – Respondent
BA 1273/2021
{1} BA 1273 OF 2021 F
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
1 BAIL APPLICATION NO.1273 OF 2021
1.
Kiran @ Janglya s/o. Ashok Jadhav
Age: 19 years, Occu.: Education,
R/o. Kharat-Mangrul, Ta.Ghansavangi,
Dist.Jalna, At present r/o. Domrivasti,
Velapur Ta.Malshiras,
Dist.Solapur.
2.
Anna @ Tura s/o. Maroti Shinde
Age: 35 years, Occu.: Labour,
R/o. Velapur, Domrivasti, Tq.Malshiras,
Dist.Solapur.
3.
Sanjay s/o. Tukaram Gaikwad
Age: 35 years, Occu.: Labour,
R/o.Dhangarwadi, Bhokardan,
Ta.Bhokardan, Dist.Jalna.
(As per charge sheet)
..Applicants
VERSUS
.
The State of Maharashtra
through Police Inspector,
Majalgaon City Police Station,
Majalgaon.
..Respondent
...
Advocate for Applicants : Shri Satish A. Gaikwad
APP for Respondent : Shri S.B.Narwade
...
CORAM : M.G.SEWLIKAR, J.
RESERVED ON : 7th March, 2022
PRONOUNCED ON : 8th April, 2022
ORDER :-
1.
Applicants have sought bail in connection with Crime No.88
{2} BA 1273 OF 2021 F
of 2017 registered with Majalgaon City Police Station, Dist.Beed
under Sections 392, 395, 120(B), 34 of the Indian Penal Code and
under Section 3(1)(ii), 3(2), 3(4) of the Maharashtra Control of
Organised Crime Act (‘the MCOC Act’ for short).
2.
The informant by the name of Sanjay Ramrao Ranjvan
lodged the FIR on 14th September, 2017 alleging inter alia that in
the intervening night of 13th September 2017 and 14th
September, 2017, three unknown persons, who had masked their
faces broke open his house and after threatening his father on
the point of knife committed theft of gold ornaments worth
Rs.1,68,000/- and cash amount of Rs.1,70,000/-. On the basis of
this FIR lodged by the informant, aforesaid crime came to be
registered against unknown persons.
3.
During the course of investigation, it transpired that this
offence was committed as a result of conspiracy among the
accused persons including the present applicants. Therefore,
offence under Section 120(B) of the Indian Penal Code came to
be added.
During the pendency of the charge-sheet, approval for
invoking provisions of MCOC Act was obtained and provisions of
MCOC Act were applied.
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4.
Heard Shri S.A.Gaikwad, learned counsel for the applicants
and Shri S.B.Narwade, learned APP for the respondent.
5.
Shri Gaikwad, learned counsel for the applicants submitted
that there is no organized crime syndicate. There is no nexus
between the offences committed earlier and the present crime.
He submitted that no recovery is made from applicant No.1. He
further submitted that applicant No.3 was earlier arrested in
Crime No.40 of 2011 on 17th June, 2011. Applicant No.3 was
arrested in the present crime on 27th September, 2017.
Thereafter, he was arrested in Crime No.70 of 2017 on 3rd
October, 2017 and he was arrested in Crime No.183 of 2017 on
5th October, 2017. He submitted that from applicant No.1 Kiran
@ Janglya Ashok Jadhav recovery is made which is doubtful. He
had sold gold to Goldsmith but it was not recovered in the same
form as it was melted. Same is the case with applicant No.2
Anna @ Tura Maroti Shinde. Therefore, there is no prima-facie
case in the case at hand. He submitted that there is no evidence
for invoking provisions of the MCOC Act.
6.
Shri Narwade, learned APP for the respondent submitted
that the applicants have formed a gang and applicant No.3 –
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Sanjay Tukaram Gaikwad is the leader of the gang. He submitted
that all the three applicants have formed crime syndicate and
they have committed the instant crime as a part of crime
syndicate. There is continuing unlawful activity on the part of all
the applican
