The High Court of Judicature at Bombay granted bail to the applicant in a murder and MCOC case.
The applicant was released on bail upon furnishing a P.R. bond of Rs. 25,000/- with one or more sureties in the like amount.
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.
ssm 1 50-ba628.19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 628 OF 2019
Sunil @ Bachi Radheshyam Rajbhar
….Applicant.
Vs.
The State of Maharashtra ….Respondent.
Mr. Sandeep Singh for the Applicant. Ms. Rutuja Ambekar APP, for the Respondent-State.
CORAM : A. S. GADKARI, J. DATE : 22nd MARCH, 2019.
P.C.:-
This is an Application under Section 439 of the Code of Criminal Procedure read with Section 21 (4) of the Maharashtra Control of Organized Crimes Act, 1999 (for short, “the MCOC Act” ) for bail in CR No. I-20 of 2017 registered with Narpoli Police Station, District Thane under Sections 307, 323, 504, 143, 147, 148 and 149 of the Indian Penal Code and under Sections 3(1), 3(2), 3(4) of the MCOC Act, now culminated into M.C.O.C. Case No. 12 OF 2017.
2 Perusal of the charge-sheet would indicate that, Mr. Suman Zha is stated to be the leader of the organized crime syndicate of which the Applicant is a member. The said accused has been
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ssm 2 50-ba628.19.doc
granted bail by this Court by its Order dated 31st January, 2019. The role attributed to the Applicant in the present crime is much lesser than that of the head of organized crime syndicate and therefore, the Applicant is entitled to be released on bail on the ground of parity.
Hence, the following Order-
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ssm 3 50-ba628.19.doc
release from jail;
order.
(A.S. GADKARI, J.)
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1 issue framed by the court
Whether bail should be granted to the applicant in the MCOC case given his lesser role compared to the syndicate leader.
2 provisions across 2 enactments
Sunil @ Bachi Radheshyam Rajbhar
The State of Maharashtra
A. S. Gadhari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
