Case Note & Summary
The judgment involves a bail application by Applicant, accused in a high-profile murder case of a former minister, with additional charges under MCOCA. The Applicant sought bail after rejection by the lower court, arguing false implication and lack of evidence. The prosecution countered with evidence of phone calls linking the Applicant to other accused and alleged involvement in an organised crime syndicate. The High Court, after examining the materials, granted bail, emphasizing the stringent provisions of MCOCA
Headnote
Criminal Law-- Bharatiya Nyaya Sanhita, 2023 (BNS)-- Sections 103(1), 109, 125, and 3(5) -- Arms Act, 1959--Sections 3, 5, 25, and 27 -- Maharashtra Police Act, 1951-- Sections 37 and 135 -- Maharashtra Control of Organised Crime Act, 1999 (MCOCA) --Sections 3(1)(i)(ii), 3(2), 3(3), 3(4)-- Application for bail-- Applicant was an accused -- Murder of former minister of state-- Name of 27 persons revealed during the course of investigation including applicant-- Plea for bail-- Case of prosecution hinges on two calls made by him to A-15-- No material on record to establish that the applicant is connected with A-15 concerning alleged offence-- Only bare allegation unsupported by any materials-- A-5 and A-15 did not named the applicant in their confessional statements as a person involved in alleged offence-- Photograph as to holding a gun does not iteself establish that he has participated in the criminal conspiracy of murder of deceased-- No material as to depositing money-- No criminal antecedent-- Limtied role of applicant only to the extent of made telephone calls-- Embargo on the grant of bail U/s 21(4) of Act not applicable-- Bail granted-- Application allowed Para-- 10, 11, 12, 13, 18, 19
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Issue of Consideration: Whether the Applicant should be granted bail in a case involving offences under the Bharatiya Nyaya Sanhita, 2023 (BNS), Arms Act, 1959, Maharashtra Police Act, 1951, and MCOCA, particularly regarding his alleged involvement in an organised crime syndicate and murder of a former minister
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Final Decision
The High Court denied bail to the Applicant, holding that the prosecution established a prima facie case under MCOCA, and the Applicant failed to meet the stringent bail criteria, necessitating continued custody pending trial
