Bombay High Court
Mr. Sagar Laxman Sonawane vs The State Of Maharashtra on 26 February, 2021
Equivalent citations: AIRONLINE 2021 BOM 391
Author: Sandeep K. Shinde
Bench: Sandeep K. Shinde
Rane 1/6 BA-2650-2019 (SR.7)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 2650 / 2019
Sagar Laxman Sonawane
Age: 25 years, Occ: Nil
R/at: Room No.1, Capricom,
Building No.17, Evershine City
Vasai (East), Dist: Palghar .....Applicant
V/s.
The State of Maharashtra
(at the instance of Tulinj
Police Station) ....Respondent
* * * *
Mr. Tanvir Nizam a/w. Mr. Premlal Krishnan, Mrs.
Mariam Nizam, Mr. Prestov Dias i/by. Pan India Legal
Services LLP, Aadvocate for the applicant.
Mr. S.R. Agarkar, APP for State.
PSI-Mr. S.B. Bhosle from Tulinj Police Station present.
CORAM : SANDEEP K. SHINDE, J.
RESD ON : 18TH FEBRUARY, 2021.
PRONOUNCED ON : 26TH FEBRUARY, 2021.
P.C. :
1. Heard learned Counsel for the applicant and
learned APP for State.
Rane 2/6 BA-2650-2019 (SR.7)
2. Applicant seeks his enlargement on bail in
connection with Crime No. 1121/2018 registered with
Tulinj Police Station for the offences punishable under
Sections 392, 411, 34 of the Indian Penal Code and
Sections 3(1)(i), 3(2), 3(4) of the Maharashtra Control of
Organised Crimes, Act ("MCOC Act" for short).
3. Prosecution case in brief is, that on report by
Shital Ramdas Patil, Crime No.1121/2018 was registered
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on 19 October, 2018 under Section 392 of the Indian
Penal Code against three unknown persons, wherein she
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alleged that on 29 September 2018, at around 19:00
hrs, while passing through D.Mart, Near Saraswati
Building, three motorcycle-borne persons snatched 12gm
gold chain, from her neck and fled.
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4. Applicant was apprehended on 29 November,
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2018; but enlarged on bail on 6 December, 2018.
5. An, application was moved by the prosecution
under Section 439(2) of the Criminal Procedure Code on
February, 2019 seeking cancellation of bail granted to
the applicant vide Criminal Misc. Application
No.130/2019 on the ground that, in the course of
Rane 3/6 BA-2650-2019 (SR.7)
investigation, applicant's complicity in 'organised crime',
individually and/or jointly with motive of gaining undue
financial gain for himself as member of Organised
Crime Syndicate was revealed and that approval has
been granted under Section 23(1)(a) of the Act by the
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authority vide order dated 5 January, 2019 to
prosecute him under Section 3 of the MCOC Act. Thus,
the learned Additional Sessions Judge-II, Thane vide
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order dated 2 April, 2019 cancelled the bail granted
to the applicant.
6. Before adverting to the submission of the
learned Counsel for the applicant, in support of the
application, it may be stated that,
(i) applicant herein was arraigned as an accused in
Crime No.111/2018, 136/2018, 1029/2018, 1055/2018 and
Crime No.1107/2018 (five offences) and accused in C.R.
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No.1121/2018 (subject C.R.) on 28 November, 2018 at
one stroke on the disclosure of the co-accused, Akshay
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Salvi and Akhtar, who were arrested on 27 November,
2018;
Rane 4/6 BA-2650-2019 (SR.7)
(ii) in the aforesaid five offences, Akhtar, is cited to be
a Head of the Crime Syndicate, of which the applicant
is alleged to be a Member;
(iii) prosecution has also recorded, confession of Akhtar
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(Head of the Crime Syndicate) on 18 April, 2019; and
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(iv) Test Identification Parade was held on 16 April,
2019, in relation to Crime No.1121/2018 only and not in
relation to the five crimes, as stated above.
7. The learned Counsel for the applicant would
argue that, Akhtar, whose confession has been recorded
under Section 18 of the MCOC Act has resiled
from Part-III of the confession. Relying on the retracted
confession, Counsel would argue, the applicant stood
fully absolved, in as much as, there is no other material
on record to suggest that, he is a member of
Crime Syndicate, headed by Akhtar.
8. Indisputedly, there is no other material, except
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the statements of co-accused recorded on 27 November,
2018 and retracted confession of Akhtar to indicate
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applicant's complicity in five crimes and subject crime.
Even otherwise, applicant was arraigned in the crime in
question and five previous crimes, only on the
information disclosed by the co-accused while in custody,
proof of which is prohibited under Section 25 of the
Evidence Act.
9. In consideration of the facts of the case and
for the reasons stated, in my view, rigors of Clause (b)
of Section 23(4) of the MCOC Act, would not be a
hindrance in releasing the applicant on bail. Hence, the
following order :
O R D E R
(i) The applicant arrested in Crime No. 1121/2018 registered at Tulinj Police Station, Tal. Vasai, Dist: Palghar shall be released on bail on executing P.R. bond for the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one or more sureties in the like sum.
(ii) The applicant shall report to the Investigating Officer twice a month i.e. on second and fourth Monday of each month commencing from March, Rane 6/6 BA-2650-2019 (SR.7) 2021 between 11:00 to 1:00 p.m. and co-operate in the investigation.
(iii) The applicant shall furnish his permanent residential address and contact number to the Investigating Officer forthwith within a week of his release from jail.
(iv) The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case.
10. The application is accordingly allowed and disposed off.
11. It is made clear that, observations made hereinabove, shall be construed as expression of opinion for the purpose of granting bail only and the same shall not, in any way, influence the trial in other proceedings.
Digitally
signed by
Neeta Neeta S.
(SANDEEP K. SHINDE, J.)
Sawant
S. Date:
Sawant 2021.02.26
15:57:44
+0530