Mangesh Chandrakant Sawant v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.3630 OF 2024 Mangesh Chandrakant Sawant .... Applicant V/s.
State of Maharashtra .... Respondent ---- Ms.Shubhangi Parulekar, for the Applicant.
Ms.Sangeeta D. Shinde, APP, for Respondent-State. by NILAM SANTOSH KAMBLE Date:
2024.12.06 10:57:22 +0530 NILAM SANTOSH KAMBLE ---- CORAM : SHIVKUMAR DIGE, J.
DATE : 4th DECEMBER 2024 P.C:- .
By this application, applicant is seeking bail in C. R. No.2 of 2018 registered with Pusegaon Police Station, Vaduj, Satara for offences punishable under Section 143, 147, 384, 452, 120-B, 504, 506 and 507 of the Indian Penal Code ('IPC' for short) and under Section 3(1)(ii), 3(2), 3(4) of the Maharashtra Control of Organized Crime Act ('MCOC' for short), 1999. 2.
It is prosecution's case that, there was land dispute between the Complainant's sister and accused Nos.2 and 3. Because of that dispute, accused No.2 along with others used to N.S. Kamble page 1 of 4
threaten the complainant. In the month of October, accused nos.1,2 and other accused had been to the house of complainant and threatened him to sell the disputed land else they will take it forcibly. It is further alleged that, accused No.1 is an habitual offender and he has created terror in that area. On the complain of complainant, police lodged F.I.R. against accused Nos.1, 2 and others. Initially the name of applicant was not mentioned in the F.I.R. and, on the statement of witness, the name of applicant was added in the present crime.
3.
It is contention of learned counsel for the Applicant that, the role attributed to the Applicant and role attributed to the Pradeep Ghadge is of same nature. Accused Pradeep Ghadge has been released on bail by this Court (Coram: Revati Mohite Dere, J) vide order dated 16th February, 2021. Learned counsel further submitted that, Pradeep Ghadge has criminal antecedents whereas no offences are registered against the present applicant provisions of MCOC will not be applicable against the present applicant as no two charge-sheets have been filed against him. Hence, requested to allow the Application.
N.S. Kamble page 2 of 4
4.
The learned APP strongly objected to allow the application on the ground that, the applicant had threatened the complainant to transfer the land in the name of other person. He has played active role in the said crime, if he is released on bail, he may threaten the complainant and witnesses. The five witnesses have been examined. Hence, requested to reject the application. 5.
I have heard both learned counsel. Perused FIR and Charge-sheet.
6.
The allegations against the applicant and co-accused Pradeep Ghadge are same. Pradeep Ghadge has been released on bail by this Court (Coram: Revati Mohite Dere, J) vide order dated 16th February, 2021. Moreover, no two charge-sheets have been filed against the applicant. Applicant has no criminal antecedents hence, applicant is entitled for bail on principle of parity.
7.
In view of above, I pass following order.
ORDER
(i) The applicant-Mangesh Chandrakant Sawant be enlarged on bail in Crime No.2 of 2018 registered N.S. Kamble page 3 of 4
with Pusegaon Police Station, Satara, on executing P. R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount.
(ii) The applicant shall inform his latest place of residence and mobile number immediately after being released and/or change of residence or mobile details, if any, from time to time to the Investigating Officer.
(iii) The Applicant shall attend Court dates regularly.
(iv) The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case.
7.
The application is allowed in the aforesaid terms and is accordingly disposed of 8.
All concerned to act on the authenticated copy of this order.
(SHIVKUMAR DIGE, J.) N.S. Kamble page 4 of 4