Murgandi @ Kumar Samungsundarum Tevar Vs the State of Maharashtra

5-Ba-201-2020.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

BAIL APPLICATION NO. 201 OF 2020

Murgandi @ Kumar Samungsundarum Tevar… Applicant

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Versus

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The State of Maharashtra … Respondent

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Mr. Santosh M. Deshpande, Advocate for the Applicant.

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Mr. S. R. Agarkar, APP for the Respondent – State.

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Mr. Dnyaneshwar Bhedodkar, (A.P.I.), Central Unit Crime Branch,
Navi Mumbai, Present.

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CORAM : PRAKASH D. NAIK, J.
DATE: 2nd SEPTEMBER, 2021.

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PER COURT:

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1.The applicant is seeking bail in C.R. No. 169 of 2016
registered with NRI Sagari Police Station, Navi Mumbai for offences
under Sections 395 & 397 of Indian Penal Code (for short “IPC”),
Sections 3 & 25 of Arms Act and Sections 37(1) & 135 of Mumbai
Police Act. Subsequently, Sections 120(B), 411 r/w 34 of IPC and
Sections 3(1)(ii), 3(2), 3(4) of Maharashtra Control of Organised
Crime Act, 1999 ( for short "MCOC Act") were invoked. The First
Information Report (for short ‘FIR’) was registered on 6th August,
2016. The applicant was arrested on 27th February, 2018.

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Sajakali Jamadar

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2.The case of the prosecution is that, on 6th August,
2016, five persons armed with deadly weapons and fire arms
entered into the office of Popular Finance Company, where the
complainant was working and committed dacoity of gold weighing
20 Kgs valued Rs.6,00,00,000/- as well as cash of Rs.9,50,000/-.
They sat in swift car and fled from the place of incident. During the
course of investigation, the accused were arrested. According to
prosecution, Arputraj @ Appu Palraj Nadar is the gang leader of the
organized crime syndicate. He was engaged in several unlawful
activities. Prior approval was granted for applying the provisions of
Maharashtra Control of Organised Crime Act, 1999 ( for short
"MCOC Act"). Investigation was completed. Sanction was granted
to prosecute the accused under Sections 3(1)(ii), 3(2), 3(4) of
MCOC Act.

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3.Learned Advocate for the applicant submitted that the
provisions of MCOC Act are not applicable against the applicant.
He was not the person, who had entered into the office premises
and committed dacoity. According to prosecution, the applicant is
person, who was driving the vehicle in which the co-accused Iqbal
Kasam Pathan @ Pappu, and Arputraj @ Appu Palraj Nadar were
travelling with him. The parade was conducted. Allegedly there

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was discrepancy in the parade. The applicant has not been clearly
identified. During investigation, no role has been attributed to him.
Although, it is alleged that there is recovery of gold from the
applicant, it has not been identified to be the property involved in
the crime. The place where the witness had seen the applicant with
co-accused is situated at Kalamboli which is far away from the
place of incident. The co-accused Iqbal Kasam Pathan @ Pappu,
who was similarly placed has been granted bail by this Court. The
accused Subramaniam Balkrishnan Thevar was granted bail by this
Court vide order dated 28th August, 2019. The third accused
Ponnuswamy Tangaswamy Nadar was also granted bail by this
Court vide order dated 15th October, 2018. There are no criminal
antecedents against the applicant. He was allegedly shown involved
in one case which has resulted in acquittal.

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4.The prosecution has filed affidavit-in-reply opposing
the application for bail. Learned APP submitted that the applicant is
member of crime syndicate. He has been identified. There is
recovery of gold weighing 180 grams from the applicant. The
applicant was driver of vehicle used in commission of crime. The
offence is of serious nature. There was robbery of huge property.
The applicant left the vehicle at Kalamboli, Navi Mumbai. The gold

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Sajakali Jamadar

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ornaments were taken away. This incident was witnessed by one
person, who has identified the applicant in test identification
parade. The parade was conducted on 5th April, 2018. Gold chain
weighing 40 grams was seized from residence of applicant. C.C.T.V.
footage shows that applicant was driving vehicle.

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5.Undisputedly, the applicant is not the person, who had
entered into the office of the complainant and involved in
threatening and committed dacoity of gold. The inmates of the
office has referred to five unknown persons having entered into the
office. Supplementary statement of complainant was recorded on
same day in which he gave description of accused, who had
entered the office and committed dacoity. His further statement
was recorded on 15th December, 2016, wherein it is stated that he
had visited Taloja jail for identification parade. While parade was
conducted he was scared and although he identified three accused,
he had stated that he could not identify them. Three accused who
were put up in the parade were Arputraj @ Appu Palraj Nadar,
Iqbal Kasam Pathan @ Pappu and Sudishtraj @ Sudeshraja @
Lamburaja @ Jada Raja. The parade memo indicate that they were
not identified by complainant. The second witness did not identify
them. The third witness identified them. The fourth witness did not

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identify Arputraj and Sudishtraj. Accused Iqbal Pathan was
identified. The last witness in that parade did not identify any of
them. On 15th December, 2016, statement of one of the witness,
who had participated in parade was recorded and he stated that,
since he was scared, he stated during parade that he cannot
identify three accused, although he had identified them. Statement
of another witness was recorded. He stated that on 6th August,
2016, one swift car was driven in speed and halted near him. Five
persons got down. They threatened him and the car was driven
towards Panvel - Mumbra. Statement of this witness was recorded
on 15th December, 2016. He stated that identification parade was
conducted on 14th December, 2016. Although he identified first
suspect, due to fear he stated that he has not identified him. He
identified second accused. Although he identified third accused,
due to fear he did not state that he has identified him. The name of
accused identified by him is Iqbal Kasam Pathan. Another
identification parade was conducted on 5th April, 2018. The witness
has allegedly identified applicant. This parade was held two years
after the incident of dacoity. It is not stated what role was played by
applicant. Statement of witness was not recorded after parade. The
co-accused Iqbal Kasam Pathan @ Pappu, who was identified by
witness and two other accused were granted bail by this Court.

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Sajakali Jamadar

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Accused Subramaniam Balkrishnan Thevar was released on bail by
this Court by order dated 28th August, 2019. While allowing the
said application, it was observed that the said applicant was not
one of the persons amongst the five unknown persons, who had
entered into the office of Popular Finance Company. He was
allegedly involved in handing over gold ornaments given by co-
accused Arput Raj @ Appu Nadar to his mother. Ponnuswamy
Tangaswamy Nadar was also granted bail by this Court vide order
dated 15th October, 2018. The case of the prosecution against him is
that the gold weighing about 100 grams were handed over to him.
While granting bail to him it was observed by this Court that he is
not the person, who has been identified has involved in the crime.
Iqbal Pathan @ Pappu was granted bail by this Court vide order
dated 28th June, 2021. The case against him was that he was
associated with gang leader and there are cases registered against
him. He was identified by the eye witnesses and there was recovery.
This Court noted that there were discrepancies in the material
connected by the investigating agency. The test identification
parade was dubious. It is pertinent to note that, the said accused
was allegedly in the vehicle with the applicant. There is no
evidence that applicant is involved in crime syndicate and
committed offences. In the light of the aforesaid facts and

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circumstances, the embargo under Section 21(4) of MCOC Act

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would not be an impediment to grant bail to the applicant.

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6.Hence, I pass the following order:-

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ORDER

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(i) Criminal Bail Application No. 201 of 2020 is allowed;

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(ii) The applicant is directed to be released on bail in
connection with C.R. No. 169 of 2016 registered with NRI
Sagari Police Station, Navi Mumbai on executing P.R. Bond in
the sum of Rs.25,000/- with one or more local sureties in the
like amount;

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(iii)The applicant shall report concerned Police Station
once in a month on first Monday of the month between
10:00 a.m. to 12:00 noon till further order;

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(iv) The applicant shall not tamper with the evidence or attempt to influence the witnesses;

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(v) The applicant shall furnish his latest place of residence and mobile contact number to the investigating officer;

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(vi)The applicant shall not leave Mumbai City/Thane City
without prior permission of the trial Court;

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(vii) Application is disposed of accordingly.

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(PRAKASH D. NAIK, J.)

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Digitally signed by SAJAKALI SAJAKALI LIYAKAT LIYAKAT JAMADARDate: JAMADAR 2021.09.04 14:10:57 +0530

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Murgandi @ Kumar Samungsundarum Tevar v. the State of Maharashtra

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Murgandi @ Kumar Samungsundarum Tevar v. the State of Maharashtra

Case brief

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