Narayn S/O Namdeo Waikar v. the State of Maharashtra
Case brief
What is this about?
Single judge ordered bail rejected in criminal appeal filed under Section 394 and 379 IPC and 21 MCOC. Court found accused part of a gang with prior cases, insufficient grounds for bail, and held Section 21 MCOC bars release.
What the court decided
Cri. Appln. No. 1291/17
1
IN THE HIGH COURT AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD
6 CRIMINAL APPLICATION NO. 1291 OF 2017
NARAYN S/O NAMDEO WAIKAR VERSUS
THE STATE OF MAHARASHTRA
Advocate for Applicant : Mr. Shinde Abasaheb D. APP for Respondent/State : Mr. S.W. Munde
CORAM : T.V. NALAWADE, J. DATED : April 13, 2017.
ORDER :
- The application is filed for bail. Both the sides are heard. The papers of investigation were made available to this Court for perusal.
- The application is made in a case filed in C.R. No. 118/15 registered in Shirdi Police Station for the offences punishable under sections 394, 323, 34 of Indian Penal Code and under the provisions of Maharashtra Control of Organised Crime Act, 1999 (MCOC Act). The material collected shows that the incident in question took place on 28.5.2014 in the night time. Three persons were on motorcycle. They had intercepted the transport vehicle of complainant Shri. Bhausaheb Gaikwad and then they had robbed him of cash amount, one China mobile and other articles.
Issues for consideration
2 issues framed by the court
Whether bail can be granted to an accused charged with offences under the Maharashtra Control of Organised Crime Act given his extensive criminal record and gang association.
Whether sufficient material exists on record to infer guilt and prevent further commission of similar offences.
Parties & counsel
- applicant
Narayan S/o Namdeo Waikar
- respondent
State of Maharashtra
Coram
Nalawade
Case details
As recorded by the court registry
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