Bombay High Court
Laxman @ Lucky Baburam Dhotre vs The State Of Maharashtra on 20 November, 2019
Author: Sandeep K. Shinde
Bench: Sandeep K. Shinde
Rane 1/5 BA-1817-2019
20.11.2019
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 1817 OF 2019
Laxman @ Lucky Baburam Dhotre ...Applicant
V/s.
The State of Maharashtra ....Respondents
****
Smt. Sushma T. Mishra, Advocate for the applicant.
Mr. Ajay Patil, APP for State.
CORAM : SANDEEP K. SHINDE, J.
Order reserved on : 18.11.2019.
Order pronounced on : 20.11.2019.
P.C. :
1. The applicant is seeking his enlargement
on bail in Crime No. I-20/2017 registered with
Narpoli Police Station for the offences punishable
under Sections 307, 323, 504, 143, 147 to 149 of the
Indian Penal code. Subsequently, provisions of
Section 3(1), 3(2), 3(4) of the Maharashtra Control
of Organised Crime Act, 1999 ("MCOC Act" for short)
were applied.
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2. The learned Counsel for the applicant
submits, the role attributed to the present
applicant is that, he allegedly caught hold the
injured victim and facilitated the co-accused,
Saddam to assault Naveneet Jha (injured) by
chopper. This allegation has surfaced in the
statement of the injured, Navneet Jha and Vijay
Rajendra Kambli. It may be stated, similar role has
been attributed to one, Suman Jha as could be seen
from the statement of injured, Navneet Jha.
3. The learned Counsel for the applicant has
pointed out that, Suman Jha has been released on
bail by this court on 31st January, 2019 in Criminal
Bail Application No. 3094 of 2018. Counsel further
submitted, complainant, Sunil Rajbhor has not
attributed role to the applicant and invited my
attention to the chargesheet. I have perused the
same, wherefrom it appears, complainant, Sunil
Rajbhor had also inflicted fist blows on the
injured, Navneet Jha. Prima-facie, the alleged
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incident arose on account of rivalry inter-se
members of organised crime. The Investigating
Officer therefore concluded, complaint was filed by
Sunil Rajbhor by projecting false facts and to
create a defence.
5. The learned APP has relied on the statement
of the applicant recorded under Section 18 of the
MCOC Act and submits that, at this stage, the
statement of the applicant under Section 18 of the
MCOC cannot be overlooked. He submits, this
statement supports the charge under the MCOC Act.
However, it is pointed out, the applicant has
retracted the confession, on the same day before the
Chief Judicial Magistrate, and therefore
confession is of no assistance to the prosecution.
7. Thus, taking into consideration, the facts
of the case, the nature of accusations, the role
attributed to the applicant and the fact that co-
accused, who has been attributed the same role, has
been released on bail, there is no impediment in
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granting bail to the applicant inspite of the rigors
of Section 21(4) of the MCOC Act.
8. Hence, I pass the following order :
ORDER
(i) The Bail Application is allowed.
(ii) The applicant in Crime No. I-20/2017 registered with Narpoli Police Station is directed to be released on bail on his furnishing P.R. Bond of Rs.25,000/- (Rs. Twenty Five Thousand only) with one or two sureties in the like amount.
(iii) The applicant shall attend the Narpoli Police Station, Bhiwandi, District-Thane in a month on first Monday between 11 to 1 p.m. till further orders.
(iv) The applicant shall furnish the particulars of his latest place residence and mobile contact number and/or change of residence or mobile details, if any, to the Investigating Officer of the ::: Uploaded on - 22/11/2019 ::: Downloaded on - 22/11/2019 21:15:06 ::: Rane 5/5 BA-1817-2019 20.11.2019 Police Station concerned within seven days from today;
(v) The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case.
(vi) The applicant shall not enter within the jurisdiction of Narpoli/Bhiwandi Police Station, District-Thane.
(vii) The Bail Application stands disposed off.
9. The parties to act on authenticated copy of this order.
(SANDEEP K. SHINDE, J.) ::: Uploaded on - 22/11/2019 ::: Downloaded on - 22/11/2019 21:15:06 :::