REPORTABL E IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 537 OF 2009 Nilesh Dinkar Paradkar … Appellant (s)

VERSUS State of Maharashtra …Respondent (s)

J U D G M E N T

SURINDER SINGH NIJJAR, J.

1. This appeal is directed against the judgment and order of the Bombay High Court dated 21^st August, 2008 passed in Criminal Appeal No. 1044 of 2006 whereby the High Court dismissed the appeal by confirming the conviction and sentence imposed on the appellant (A5) by the Special Judge of the Maharashtra Control of Organized Crime Act, 1999 (hereinafter referred to as “MCOC Act”) in Special Case No. 3 of 2005.

2. The aforesaid appeal came up for hearing along with Criminal Appeal No. 1040 of 2006 filed by original accused No. 1, Vinod Sitaram Yadav @ Bapu and the original accused No.3, Jagdish Bhaskar Shetty @ Raghu. Criminal Appeal No. 1048 of 2006 has been filed by original accused No.4, Amit Suryakant Dalvi and Criminal Appeal No. 1049 of 2006 has been filed by original accused No.2, Vishwanath Atmaram Jadhav.

PROSECUTION CASE

3. According to the prosecution, accused Nos. 1, 2, 3 and 5 are active members of the organized crime syndicate of Chhota Rajan. Accus