Bombay High Court
Zulfikar Alias Chotu Jabbar Gani vs State Of Maharashtra Thr Pso. Rawanwadi ... on 10 March, 2026
2026:BHC-NAG:4095
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APPA) NO. 176/2026
IN
CRIMINAL APPEAL NO. 616/2025
Zulfikar alias Chotu S/o. Jabbar Gani and Ors.
Vs.
State of Maharashtra
.................................................................................................................................. .
Office Notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's order
or directions and Registrar's orders
...................................................................................................................................................
Mr. R. K. Tiwari, Advocate for Appellant.
Mr. U. R. Phasate, A.P.P. for Respondent/State.
CORAM : NEERAJ P. DHOTE, J.
DATED : 10.03.2026
This is an application for suspension of sentence
imposed by the learned Special Judge and Additional
Sessions Judge, Gondia, in Special (MCOCA) Case No.
103/2020, dated 18/11/2025, convicting and sentencing the
Applicant/Appellant as follows:-
"Accused No. 1 to 5 and 7 to 9 are hereby convicted
as per Sec. 235(2) of Cr.P.C. for the offence
punishable under Section 147, 148, 307 r/w 149,
397, 120(B) of the Indian Penal Code. 1860, Sec.
39 r/w 192 of Motor Vehicle Act and Sec. 3(1)(ii),
3(2), 3(4) of the Maharashtra Control of Organised
Crime Act, 1999 in Crime No. 159/2016 registered
with Police Station, Rawanwadi, Dist. Gondia.
2. However, offence committed by accused persons
fell within ambit of MCOC Act, 1999 as well,
therefore in view of discussion made aforesaid
2 27.appa.176.2026.odt
conviction under MCOC Act will prevail over
charges under IPC and M.V Act. Hence, for the
offence punishable under Sec. 3(1) (ii) of MCOC
Act, 1999 accused Nos. 1 to 5 & 7 to 9 are
sentenced to suffer rigorous imprisonment for 10
years and to pay fine of Rs.5,00,000/(Five Lakhs)
each, in default of payment of fine to suffer further
S/1 for Six months.
3. For the offence punishable under Sec. 3(2) of
MCOC Act, 1999 accused Nos. 1 to 5 & 7 to 9 are
sentenced to suffer rigorous imprisonment for 10
years and to pay fine of Rs.5,00,000/- (Five Lakhs)
each, in default of payment of fine to suffer further
S/I for Six months.
4. For the offence punishable under Sec. 3(4) of
MCOC Act, 1999 accused Nos. 1 to 5 & 7 to 9 are
sentenced to suffer rigorous imprisonment for 10
years and to pay fine of Rs.5,00,000/- (Five Lakhs)
each, in default of payment of fine to suffer further
S/I for Six months.
5. All the sentences to run concurrently.
6. Accused No.1 to 5 and 7 to 9 are entitled for set-
off for the detention already undergone by them as
per the provisions of Sec. 428 of Cr.PC.
7.......
(i) ...
(ii)......
3 27.appa.176.2026.odt
8. For want of notification, accused No.1 to 5 and 7
to 9 are acquitted of the offence punishable under
Section 135 of Bombay Police Act.
9. For want of notification and sanction for
prosecution under Arms Act, accused No. 1 to 5 & 7
to 9 are acquitted of the offence punishable under
Section 3, 4 r/w 25 of Indian Arms Act.
10. Accused No. 1 to 5 & 7 to 9 are acquitted of the
offence punishable under Sec. 9 r/w 51 of Wild Life
Protection Act.
11......"
2. The case of the prosecution as can be revealed
from the impugned Judgment and Order is as under. Para 2
of the impugned Judgment and Order is reproduced below:-
"On 10/09/2016 informant Shivlal Jaglal Mhatre
(PW-1) lodged a report alleging therein that, on
09/09/2016 at about 10.00 p.m. to 11.00 p.m. he
was sitting in front of Ganesh Idol pandol. Some
children were playing Kabaddi in front of Ganesh
Mandal. At that time, one tractor without having
number plate and trolley bearing No.MH-35/F-4829
came in a high speed. The children of village
stopped the said tractor and asked the driver not to
drive the vehicle in a high speed. There was a
verbal quarrel between them. The driver of the said
tractor called his friends. Thereafter, some persons
came there on motorcycle bearing No. MH-35/L-
7823 and white Scorpio vehicle No. MH-35/P-4803.
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They were 8-9 persons. It is alleged that accused
No.1 Gani Khan was also present with those
persons. They took out swords, iron rod and gun
and came in front of them and threatened to kill
them. One of them came in front of the informant
and threatened to cut him. When Sanjay Pache
(PW-5) tried to save him, said person assaulted him
by sword and that PW-5 received injury on his knee.
It is alleged that accused Gani Khan showed pistol
and said to the informant that, "Hamare tractor ko
kyo rukate ho, tum sabko mar dalunga" and further
he allegedly ran towards them by showing pistol.
However, at that time, police van came to the spot.
It is stated that police arrested accused Gani Khan
and four of his colleagues. It is further alleged that
police seized one pistol with six cartridges, two
swords and one iron rod."
3. It is submitted by the learned Advocate for the
Applicant/Appellant that, the evidence of PW-1, who lodged
the report and claimed to have seen the incident, did not
identify the Applicant in the Test Identification Parade. He
submits that, other eye witnesses have not supported the
case of prosecution. He submitted that, the co-convicts are
granted bail by this Court in Criminal Application (APPA)
No.11/2026 and Criminal Application (APPA) No.142/2026
with Criminal Application (APPA) No.148/2026 by orders
dated 11.02.2026 and 24.02.2026. He submits that, the
Applicant is behind bars for a period of 5 years and 7
months. He submits that the Application be allowed.
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4. The learned A.P.P. submits that, the Applicant
was identified before the learned Trial Court. There are
confessional statements of the co-accused, which are
admissible as per the provisions of M.C.O.C.Act and the
learned Trial Court has rightly convicted the Applicant. He
submits that, the Application be rejected.
5. Undisputedly, the co-convicts are granted bail by
this Court by the above referred orders. The witness No.1
though identified the Applicant before the learned Trial
Court, his evidence shows that, he did not identify the
Applicant in the Test Identification Parade. The other eye
witnesses have not supported the case of the prosecution.
The Applicant is behind bars for a period of 5 years and 7
months. The Conviction is of 10 years. The Appeal is not
likely to be heard in near future. In this view of the matter, I
am inclined to allow the Application. Hence, the following
order :
ORDER
I] The Criminal Application is allowed.
II] The substantive sentence imposed upon the Applicant namely Zulfikar alias Chotu S/o. Jabbar Gani, by the learned Special Judge an Additional Sessions Judge, Gondia, vide Judgment and Order dated 18/11/2025, passed in Special (MCOCA) Case No.103/2020, is hereby suspended till the final disposal of the Appeal.
III] The Applicant/Appellant be released on bail on furnishing P.R. bond of Rs.25,000/- [Rupees Twenty 6 27.appa.176.2026.odt Five Thousand Only] with one surety in the like amount.
IV] The Applicant shall co-operate in early disposal of the Appeal.
V] Bail before the Trial Court.
VI] Criminal Application stands disposed of accordingly.
(NEERAJ P. DHOTE, J.) RGurnule Signed by: Mrs. R.M. MANDADE Designation: PA To Honourable Judge Date: 11/03/2026 19:42:56