Mahesh @ Mahentra Tapase vs State of Maharashtra — Bombay HC (2025) — LawSathi Research

Mahesh @ Mahentra Tapase vs State of Maharashtra — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant directed to be released on bail in connection with Crime No.737 of 2017 on executing P.R. Bond of Rs.25,000/- with one or two sureties in the like amount, subject to conditions: (iii) shall not enter the limits of Satara District till conclusion of trial except to attend dates before the Trial Court; (iv) shall attend the concerned Police Station of his residence once a month on the 1st Saturday between 11:00 a.m. to 1:00 p.m. till conclusion of trial.

Issue for consideration

Whether the applicant, arrested in Crime No.737 of 2017 and in jail for two years after invocation of the MCOC Act offences, should be released on regular bail.

Court's answer

Considering the overall facts and circumstances of the case, and as the applicant had been in jail for two years after invocation of the offences under the MCOC Act, the Court was inclined to release the applicant on bail.

Detailed headnote1 paragraphs

Regular bail granted (Bombay High Court, Criminal Appellate Jurisdiction, single Judge; judge's name not recorded in the supplied text). Mahesh @ Mahentra Tapase, arrested in Crime No.737 of 2017 for offences punishable under Sections 384, 395, 506 IPC, Section 39 of the Maharashtra Money-Lending (Regulation) Act, 2014 and Sections 3(1)(ii), 3(2) and 3(4) of the Maharashtra Control of Organized Crime Act, 1999 (MCOC Act), had admittedly been released on bail earlier and was rearrested after invocation of the MCOC Act provisions. The prosecution pointed to four further crimes involving the applicant; defence counsel submitted he had been acquitted in three crimes. Considering the overall facts and his two-year incarceration after MCOC invocation, the Court released him on P.R. Bond of Rs.25,000/- with one or two sureties in the like amount, subject to conditions that he not enter Satara District limits till conclusion of trial (except to attend Trial Court dates) and report monthly at his local police station on the first Saturday (11:00 a.m. to 1:00 p.m.) till conclusion of trial.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO. 1877 OF 2024

Mahesh @ Mahentra Tapase ...Applicant Versus The State of Maharashtra ...Respondent

Mr. Kuldeep S. Patil a/w Mr. Shailesh Chavan, Mr. Hrishikesh Avhad, Mr. Ashish Kumar Srivastava, Advocate for the Applicant. Mrs. Veera Shinde, A.P.P. for the Respondent – State.

P.C.:

This an application for regular bail.

The applicant came to be arrested in Crime No.737 of

2017 for the offences punishable under Sections 384, 395, 506 of the Indian Penal Code, Section 39 of the Maharashtra Money-Lending (Regulation) Act, 2014 and Sections 3(1)(ii), 3(2) and 3(4) of the Maharashtra Maharashtra Control of Organized Crime Act, 1999 (for short “MCOC Act”).

The genesis of crime appears to be money lending

transactions. After registration of crime the applicant was

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admittedly released on bail. However, he came to be rearrested after invocation of the offences punishable under the MCOC Act.

The learned A.P.P. for the Respondent-State submits that the applicant is involved in four more crimes.

The learned counsel for the applicant submits that the applicant has been acquitted in three crimes.

Considering the overall facts and circumstances of the present case and as the applicant is in jail for two years after invocation of the offences under the MCOC Act, I am inclined to release the applicant on bail.

ORDER

(i) Criminal Bail Application is allowed;

(ii) The applicant is directed to be released on bail in connection with Crime No.737 of 2017 for the offences punishable under Sections 384, 395, 506 of the Indian Penal Code, Section 39 of the Maharashtra MoneyLending (Regulation) Act, 2014 and Sections 3(1)(ii), 3(2) and 3(4) of the MCOC Act on executing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount;

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(iii) The applicant shall not enter into the limits of Satara District till the conclusion of trial except to attend the date before the Trial Court.

(iv) The applicant shall attend the concerned Police Station within whose jurisdiction, he is going to reside after his release once in a month i.e. on 1^st Saturday of the month between 11:00 a.m. to 1:00 p.m. till conclusion of trial;

(v) Application stands disposed of accordingly.

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