Bombay High Court
Somnath S/O. Narhari Solav vs The State Of Maharashtra on 13 July, 2020
Author: V.K.Jadhav
Bench: V.K.Jadhav
1 18-BA-75-2020.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
18 BAIL APPLICATION NO.75 OF 2020
SOMNATH S/O. NARHARI SOLAV
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for Applicant : Mr. Ghanekar Nilesh S.
APP for Respondent - State: Mr. S.W. Munde
...
CORAM : V.K.JADHAV, J.
DATE : 13.07.2020
PER COURT :-
1. The applicant is seeking Regular Bail in
connection with Crime No.129 of 2018 registered with
Purna Police Station, District Parbhani for the offences
punishable under Sections 326, 143, 147, 148, 149 of
IPC, Section 7 of the Criminal Amended Act, under
Section 37 (1), (3)/135 of the Maharashtra Police Act,
1951 and Section 3(i)(ii), 3(2), 3(4) of the Maharashtra
Control of Organised Crime Act, 1999. His application
with similar prayer bearing Special MCOCA Case No.4 of
2019 came to be rejected by the Special Judge
(MCOCA), Aurangabad vide order dated 04.12.2019.
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2. Learned counsel for the applicant submits
that the incident as alleged in the complaint had taken
place as of sudden without any premeditation. In view of
the same, Section 2 (1) clause (d) of the Maharashtra
Control of Organised Crime Act, 1999 (for short "MCOC
Act") is not applicable. Learned counsel submits that so
far as Section 2 (1) clause (e) of MCOC Act is concerned,
it has not been revealed during the course of
investigation that the applicant has committed alleged
offence as a member of an organised crime syndicate or
on behalf of such syndicate, with the objective of gaining
pecuniary benefits or gaining undue economic or other
advantage. Learned counsel submits that the informant
has sustained only two injuries and as per medical
certificate issued by the Medical Superintendent, Rural
Hospital, Purna, both injuries were simple in nature.
However, in second injury certificate, issued by one
another Doctor, the fracture injury to the left forearm of
the informant was noted. Learned counsel submits that
as per the prosecution case, the applicant is involved in
as many as six serious offences, which provide more
than three years imprisonment. However, out of six
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offences, the applicant came to be acquitted in two
crimes, vide Crime No.103 of 2013 registered at Purna
Police Station for the offences punishable under Sections
307, 324, 323, 504, 143, 147, 148, 149 of IPC and
Crime No.46 of 2013 registered with at Purna Police
Station for the offences punishable under Sections 324,
323, 504, 506 of IPC, respectively. Learned counsel
submits that rest of four crimes, no specific role has
been attributed to the applicant. Learned counsel
submits the application of the provisions of MCOC Act is
without application of mind. Even though, the applicant
came to be acquitted in two crimes as mentioned above,
those crimes have been shown in the approval and
sanctioned order. Learned counsel submits that the
applicant is entitled to be released on bail.
3. Learned APP has strongly resisted the
application on the ground that Section 2 (1) clause (d)
of MCOC Act is applicable to the case of applicant. Prima
facie, there is an evidence about continuing unlawful
activities by the applicant as a member of an organised
crime syndicate. Learned APP submits that in terms of
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the provisions of Section 21 (4) of MCOC Act, the
applicant is not entitled to be released on bail.
4. On going through the allegations made in the
complaint and on perusal of charge-sheet, it appears
that the incident had taken place as of sudden without
any premeditation. The informant was driving Innova
Car and at that time, one girl on bicycle had suddenly
come in front of one white car coming from the opposite
direction. It is the case of informant that he has stopped
his Innova Car by applying the brake and the said girl
safely left the place on her bicycle. However, it further
appears that the applicant along with other co-accused
persons was carrying the repairs of one motor vehicle
tipper in one garage near the incident and thus extended
the beating to the informant on account of his rash and
negligent driving. It further appears that some persons
from the community of the informant also gathered near
the spot and some stone pelting incident thereafter had
taken place. The informant has sustained only two
injuries on his person. Thus, in view of the allegations as
above, prima facie, I do not think that Section 2 (1)
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clause (d) of the MCOC Act stands attracted. So far as
clause (e) of Section 2 (1) that is about the organised
crime, I hardly find any evidence against the applicant.
Though there are certain crimes registered against the
applicant prior to the registration of present crime,
however, considering the nature of allegations and the
incident happened as narrated in the complaint, I am
inclined to grant bail to the applicant with certain
conditions: Hence, the following order.
ORDER
1. The application is hereby allowed.
2. The applicant - SOMNATH S/O. NARHARI SOLAV in connection with Crime No.129 of 2018 registered with Purna Police Station, District Parbhani for the offences punishable under Sections 326, 143, 147, 148, 149 of IPC, Section 7 of the Criminal Amended Act, under Section 37 (1), (3)/135 of the Maharashtra Police Act, 1951 and Section 3(i)(ii), 3(2), 3(4) of the Maharashtra Control of Organised Crime Act, 1999, be released on bail on furnishing P.B. of Rs.25,000/-(Rupees Twenty Five Thousand only) with one solvent surety of the like amount on the following conditions :-
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b] The applicant shall not indulge into similar activities while on bail.
3. Application is, accordingly, disposed off.
(V.K.JADHAV, J.) ...
Sam...
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