Shakil Zakirhusen Gavandi v. State Of Maharashtra

32-BA995-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 995 OF 2024 Shakil Zakir Husen Gavandi ...

Applicant.

V/s.

The State of Maharashtra ...

Respondent.

---- Mr Ramanik P. Pawar, Advocate for Applicant Shri P.H.Gaikwad-Patil, APP for the State.

API Poonam S. Mane, Shivajinagar Police Station, Ichalkaranji, Dist. Kolhapur ---------------------

CORAM

:

ANIL S. KILOR, J.

Digitally signed by RAJIV BABARAOJI RAUT Date:

2024.09.06 15:08:11 +0530 RAJIV BABARAOJI RAUT DATED :

AUGUST 28, 2024.

PC:

1. Heard.

2. By this application under Section 439 of the Code of Criminal Procedure the applicant is seeking bail in Crime No.233 of 2021, registered with Shivaji Nagar Police Station, Distt.: Kolhapur for the offences punishable under Sections 384, 385, 386, 506 read with Section 34 of the Indian Penal Code and Sections 3(1)(i) (ii), 3(2), 3(4), 3(5) of the Maharashtra Control of Organised Crime Act, 1999 ("MCOC Act" for short).

RRaut

32-BA995-2024.doc

3. Having gone through the chargesheet and the relevant material collected by the Investigating Officer during the investigation, it is evident that there is sufficient incriminating material available against the applicant which shows prima facie involvement of the applicant in the alleged offence. It is evident from the chargesheet that the applicant accepted the amount of Rupees Fifteen Thousand from the informant. The said amount was received out of the extortion.

4. Moreover, there are antecedents agianst the applicant and even in the order of the trial Court there is mention that he misused the bail granted in earlier offences and committed the offences after release on bail. Thus, since there is no reasonable ground to believe that the applicant is not invovled in the alleged offence and since there is every possibility that if he is released on bail he may commit the similar offence, the applicant is not entitled for grant of bail.

5. In the circumstances, since the offence is very serious, I am not inclined to grant bail. Accordingly, the Criminal Bail Application is rejected.

(ANIL S. KILOR, J) RRaut