Supreme Court - Daily Orders
Vinod S/O Vitthalrao Sontakke vs The State Of Maharashtra on 8 January, 2025
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2025
(@ Special Leave Petition (Crl.) No. 14166/2024)
VINOD S/O VITTHALRAO SONTAKKE ...APPELLANT(S)
VERSUS
THE STATE OF MAHARASHTRA ….RESPONDENT(S)
O R D E R
Leave granted.
This appeal challenges the judgment and order dated 27.02.2024 passed by the High Court of Bombay at Nagpur in Criminal Application (BA) No. 79 of 2024.
The appellant herein has been booked for the crime registered pursuant to FIR No.69/2023, registered with Police Station Sonegaon, Nagpur for the offence punishable under Sections 394, 397, 120(B) and 506(B) read with Section 34 of the Indian Penal Code and Sections 4 and 25 of the Arms Act and Sections 3(1)(ii), 3(2), 3(4) of the Maharashtra Control of Organized Crime Act, 1999. Signature Not Verified Digitally signed by NEETU SACHDEVA Date: 2025.01.08 16:47:41 IST Reason:
The accusation against the appellant is that he is a contd..
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member of an Organised Crime Syndicate and in pursuance of the common object of the said syndicate, committed the offence of dacoity and therefore, the provisions of the MCOC Act are made applicable.
The appellant was arrested in April, 2023. Seeking regular bail, the appellant approached District Judge-1 & Special Judge, designated under MCOC Act, Nagpur by filing Criminal Bail Application No. 1912 of 2023. By order dated 29.12.2023, the said bail application was rejected.
Being aggrieved, the appellant approached the High Court by filing Criminal Application (BA) No. 79 of 2024. Vide impugned order dated 27.02.2024, the High Court dismissed the bail application filed by the appellant. Hence this instant appeal.
This Court vide its order dated 10.09.2024, issued notice in the instant matter.
We have heard learned counsel for the appellant in support of the appeal and learned counsel for the State and perused the material on record.
Learned counsel for the appellant submitted that the co- accused has been granted bail and further the charges have not yet been framed and he is in jail for the last about twenty contd..
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months. He further submitted that as many as Sixty Five witnesses have been listed for being examined and therefore, the trial would inevitably be delayed. In the circumstances, the impugned order(s) may be set aside and relief of bail may be granted to the appellant herein.
Per contra, learned counsel for the respondent/State with reference to his Counter Affidavit contended that there is no merit in this appeal and that the matter is now slated for 10.01.2025 before the Trial Court. In the circumstances, the appeal may be dismissed. Considering the facts on record, in our view, the case for bail is made out.
We, therefore, allow this appeal and direct as under:
“The appellant shall be produced before the concerned trial Court as early as possible and the trial Court shall release him on bail, subject to such conditions as it may deem appropriate to impose to ensure his presence in the proceedings arising out of FIR No.69/2023 mentioned above.” It is directed that the appellant shall extend complete cooperation in the trial of the instant case. The appellant shall not misuse his liberty in any manner.
Contd..
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Any infraction of the conditions shall entail cancellation of bail granted to the appellant. With these observations, the appeal is allowed.
………………………………………J. [B.V. NAGARATHNA] ….……………………………………J. [SATISH CHANDRA SHARMA] NEW DELHI JANUARY 08, 2025 ITEM NO.2 COURT NO.8 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 14166/2024 [Arising out of impugned final judgment and order dated 27-02-2024 in CRABA No. 79/2024 passed by the High Court of Judicature at Bombay at Nagpur] VINOD S/O VITTHALRAO SONTAKKE Petitioner(s) VERSUS THE STATE OF MAHARASHTRA Respondent(s) (IA No.183444/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ) Date : 08-01-2025 This petition was called on for hearing today. CORAM :
HON'BLE MRS. JUSTICE B.V. NAGARATHNA HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA For Petitioner(s) Mr. Kishor Lambat, Adv.
Ms. Suja Joshi, Adv.
Ms. Kashmira Lambat, Adv.
Mr. Milind Vaishnav, Adv.
Mr. Sagar Lambat, Adv.
Mr. Digant Mishra, Adv.
M/S. Lambat & Legiteam, AOR For Respondent(s) Mr. Aaditya Aniruddha Pande, AOR Mr. Siddharth Dharmadhikari, Adv. Mr. Sourav Singh, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The Appeal is allowed in terms of the signed order.
It is directed that the appellant shall be produced before the concerned trial Court as early as possible and the trial Court shall release him on bail, subject contd..
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to such conditions as it may deem appropriate to impose to ensure his presence in the proceedings arising out of FIR No.69/2023.
Pending application(s) shall stand disposed of.
(NEETU SACHDEVA) (DIVYA BABBAR) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH) (signed order is placed on the file)