Shri. Rajendra Balaji Bhosale (In Jail) v. State Of Maharashtra Thr. Police Station Paratwada Ta. Achalpur Amravati

1 ba1082.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.1082/2016 Shri Rajendra Balaji Bhosale ..Vs..

State of Maharashtra, through Police Station, Paratwada, Ta. Achalpur, Distt. Amravati - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V.P. Mohod, Adv. for the applicant.

Shri S.P. Deshpande, A.P.P. for the respondent / State. CORAM : Z.A.HAQ, J.

DATE : 8.6.2017.

The applicant is arrested in crime registered against him and 5 others for the offence punishable under Section 395 and 397 of the Indian Penal Code and Section 3(i)(ii), 3(4) of the Maharashtra Control of Organized Crimes Act.

The submission on behalf of the applicant is that he is falsely implicated. The alternate submission is that there is nothing on the record to show that earlier charge-sheets were filed against him and, therefore, the offences under the Maharashtra Control of Organized Crimes Act cannot be applied against him. The learned Additional Sessions Judge has considered these aspects in paragraph Nos.8 and 9 of the order passed by him on Miscellaneous Criminal Application No.464/2016 on 28th July, 2016.

2 ba1082.16 Considering the nature of accusations against the applicant and the facts on the record I am not inclined to consider the prayer of the applicant. The application is dismissed.

JUDGE Tambaskar.