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FRIDAY, 12th FEBRUARY 2021 P.C. :

1 Heard learned counsel for the parties.
2 By this application, the applicant seeks his enlargement on bail in connection with C.R. No. 244/2018 registered with the Pandharpur Police Station, for the alleged offences punishable under Sections 302, 303, 120B, 201, 143, 147, 148, 149 of the Indian Penal Code (`IPC'); under Sections 3, 4, 5, 25 and 27 of the Arms Act; under Section 135 of the Maharashtra Police Act and under Sections 3(1)(i), 3(1)(ii), 3(2) and 3(4) of the Maharashtra Control of Organized Crime Act (`MCOC Act'). 3 Learned counsel for the applicant submits that there is no material to connect the applicant with the alleged offence. He submits that the applicant's statement has not been recorded under Section 18 of the MCOC Act and that the statement of other co-accused recorded under Section 18 of the MCOC Act does not point to the applicant's complicity in the alleged crime. He further submits that the applicant was in custody in 8-BA-1277-2019.doc connection with another C.R. i.e. C.R. No. 797/2016 at the time of the alleged offence i.e. on 18th March 2018, when Sandeep Pawar was murdered. He submits that the 3 alleged witnesses on conspiracy, also do not throw any light as to what was the conversation that took place between the applicant and other co-accused. He submits that since the circumstances on record do not show the involvement of the applicant in the alleged crime, there is no impediment to grant of bail to the applicant in view of Section 21(4) of the MCOC Act.

24) and Bablu Shinde (accused No. 27), went to hotel Sriram Bhojanalaya, where Sandeep Pawar (deceased) was having tea and assaulted him with firearms and koytas. It is alleged that Akshay Survase, Manoj Shirshikar, Rais Barikhan, Dada Ghasni @ Piraji, Sagar @ Khandu Bansode assaulted the deceased with koyta and Sandeep Adhatrao, Omkar Wagh, Digambar @ Diga Janrao and Bablu Shinde assaulted Sandeep Pawar (deceased) with pistol. The post-mortem report, which is at page 524 of the application 8-BA-1277-2019.doc reveals that the deceased had sustained in all 26 incised, chop wounds, including firearm injuries. Injury Nos. 1 to 5 in column No. 17 in the post- mortem report are firearm injuries and injury Nos. 6 to 26 are either chop wounds or incised wounds. The cause of death is stated to be head injury along with firearm injury to chest and abdomen. The incident had taken place in broad day-light. During the course of investigation, the role of the applicant was revealed. It was revealed that on 16th December 2017, the applicant along with other co-accused, in particular, Sunil Wagh (absconding accused), Sandeep Adhatrao (accused No.6), Vicky More (accused No. 5) had been to the house of witness-Manik More to celebrate the applicant's birthday. According to the prosecution, the conspiracy to kill Sandeep Pawar was hatched in Manik More's house. Manik More, in his statement, although does not state whether he heard any conspiracy being hatched, has stated that the accused asked him to leave them alone, since they wanted to talk something important. The record reveals that the applicant is an accused in C.R. No. 797/2016 registered with the Pandharpur Police Station for the alleged offences punishable under Sections 307, 452, 120B, 508 r/w 34 of the IPC. It appears that the applicant had applied for the anticipatory bail in the said C.R. and that the said Anticipatory Bail Application was rejected right upto the Apex Court. The order of the Apex Court dated 12th April 2017 rejecting the anticipatory 8-BA-1277-2019.doc bail application, reveals that the applicant was granted two week's time to surrender. Despite the same, the applicant surrendered in the said C.R. i.e. C.R. No. 797/2016 on 9th January 2018. It further appears that whilst in custody, as the applicant was unwell, he was taken to CPR Hospital for treatment. In the said Hospital, co-accused-Sunil Wagh (absconding accused) and Bandu Barangule and 3 other unknown persons visited the applicant. According to the prosecution, a conspiracy to kill Sandeep Pawar was also hatched in the said meeting. In this regard, statements of two police witnesses i.e. Balaji Hari Gaikwad and Shantling Nanavare, who were on duty on 24th January 2018, when the applicant was taken to CPR Hospital, have been recorded. According to the statements of both these witnesses, Sunil Wagh and Bandu Barangule and 3 unknown persons visited the applicant in the Hospital and they were whispering with each other. Admittedly, no conversation was heard by the said witnesses. The incident of assault on Sandeep Pawar has admittedly taken place when the applicant was in custody. As far as the statements of co-accused recorded under Section 18 of the MCOC Act is concerned, the statement of Eknath @ Natha Shinde (accused No. 23) prima facie, reveals the complicity of the applicant. Admittedly, Eknath @ Natha Shinde has not retracted his confession. According to Eknath @ Natha Shinde (accused No. 23), Omkar Wagh (accused No. 11) had come to Pune and 8-BA-1277-2019.doc that he along with Shahrukh Akbar Shaikh (accused No. 22) and Dada Ghasni @ Piraji Lagade (accused No. 20) met at Katraj Bus Depot. According to Eknath @ Natha Shinde (accused No. 23), Digambar @ Diga Janrao (accused No.21) informed him that they were going to get a contract to murder and that one Sunil Wagh (absconding accused and allegedly, the right hand of the applicant) was going to meet them on the next day. Pursuant thereto, Eknath @ Natha Shinde along with Digambar @ Diga Janrao met 2 persons opposite Beldere Petrol Pump at Aaroh garden. It is stated that Digambar @ Diga Janrao (accused No. 21) noticed one person i.e. Sunil Wagh. Sunil Wagh informed Eknath @ Natha Shinde and Digambar @ Diga Janrao that one person is to be murdered in Pandharpur and that they would be adequately compensated. It is stated that Sunil Wagh (absconding accused) gave Rs. 10,000/- for the expenses and one mobile phone with sim card and further instructed them that he would call on the said mobile number. It appears that when Eknath @ Natha Shinde asked Digambar @ Diga Janrao, who the said person was, Digambar @ Diga Janrao informed that he was Sunil Wagh, applicant's person and that he has given contract to commit murder of one person at Pandharpur. It is alleged that Sunil Wagh, the right hand man of the applicant, is still absconding. The said Sunil Wagh who had given the money to the aforesaid persons as well as sim card, is also an accused with the applicant 8-BA-1277-2019.doc in another case i.e. C.R. No. 797/2016. From a perusal of the statements of some of the witnesses, it reveals that the motive was political supremacy of Sandeep Pawar. Prima facie, there is also some substance in the submissions advanced by the learned A.P.P with regard to the modus operandi of the applicant i.e. whilst in jail, the offences are committed, at his instance. There is a similar case i.e. C.R. No. 28/2010 where also the applicant, whilst in jail, had given contract killing for committing the murder of one Santosh with whom the applicant had a motive to kill. No doubt, the applicant was acquitted of the said case by this Court, however, prima facie, it appears that this is the modus operandi of the applicant. Therefore, merely because the applicant was in custody at the relevant time when the alleged offences took place, would not completely absolve him of the alleged offence. The defence of the applicant will have to be tested at the time of the trial. Applicant has 7 antecedents out of which, in 2 cases, he has been acquitted and the rest of the cases are pending. 3 of the said offences are bodily related offences. If the applicant is enlarged on bail, the possibility of the applicant committing other offences, cannot be ruled out. Similarly, the applicant intimidating/threatening the witnesses also cannot be ruled out. Learned counsel for the complainant has also expressed the complainant's apprehension, that she fears for her life.