In an anticipatory bail application under the Maharashtra Control of Organized Crime Act for offences of robbery and arms, the High Court rejected the plea. Finding sufficient prima facie material that the applicant was a gang member likely to abscond, the Court held bail could not be granted.
Application for anticipatory bail stands rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
910.aba-390.17.doc
ppn 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.390 OF 2017
Ravindra Gorakhnath Nikam
.. Applicant
Vs.
The State of Maharashtra
.. Respondents
Mr. Niteen Pradhan i/by Ms.Shubhada Khot for the applicant. Mr.S.R. Agarkar, Additional Public Prosecutor for respondent.
CORAM : T.V. NALAWADE, J.
DATE : 23rd August 2017
P.C. :-
. The application is filed for relief of bail in C.R. No.27 of 2016 registered with Koyna Nagar Police Station, Satara for the offences punishable under Section 392, 394, 397, 120B read with 34 of the Indian Penal Code and Section 3(25) of the Arms Act. Now charge sheet is filed under the provisions of MCOC Act and MCOC Case No.27 of 2016 is filed in the Court of Special Judge, Pune. Both the sides are heard.
ppn 2 910.aba-390.17.doc
against the leader. Similar offences against many members showing that they are acting as a gang. Thus in the past also, the provisions of MCOC Act were used against the leader and the said case is pending in Thane Court.
ppn 3 910.aba-390.17.doc
though it was for offence punishable under Section 302 read with 149 of the Indian Penal Code.
910.aba-390.17.doc
ppn 4
respect of the present applicant. In view of these circumstances, this Court holds that it is not possible to grant relief of bail. There is possibility of absconding of the present applicant. In the result, the application stands rejected.
T.V.NALAWADE, J.
2 issues framed by the court
Whether anticipatory bail can be granted where prima facie material exists suggesting the applicant is a member of a habitual criminal gang with a likelihood of absconding.
Whether the Court should accept submissions regarding inconsistencies in eyewitness statements at the bail hearing stage.
6 provisions across 3 enactments
Ravindra Gorakhnath Nikam
The State of Maharashtra
T.V. Nalawade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
