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M.C.O.C. CASE NO.5/2018 (CNR No - MHTH01002827 2018)
M.C.O.C. CASE NO.5/2018 (CNR No - MHTH01002827 2018)
NO.5/2018
(CNR No.MHTH010028272018)
(Order below Exh.40)
MHTH010028272018
M.C.O.C. CASE NO.5/2018
(CNR No.MHTH010028272018)
Anita Mukund Mhasane
V/s.
State of Maharashtra
ORDER BELOW BAIL APPLICATION EXH.40
[2] Prosecution case in short is as under:
On 27/10/2017 at about 12.00 of noon the informant
came back to her flat from Gym. At that time she alongwith her
mother had been to the house. Somebody had rang the door bell.
When she opened the door it was found that one delivery boy
holding parcel in the name of the father of the informant was
there. At that time the said delivery boy asked the informant for
water to drink. Therefore, the informant proceeded towards
kitchen. The said delivery boy followed her and took out revolver
and pointed out the same towards her and threatened her not to
move. Therefore, the informant and her mother stood there.
Immediately thereafter 4 other persons entered into the house of
the informant and taken away cash and gold and silver
2 M.C.O.C. NO.5/2018
(CNR No.MHTH010028272018)
(Order below Exh.40)
ornaments worth of Rs.2,09,36,000/. The incident was reported
to Vashi Police Station. Accordingly crime vide C.R.No.I
392/2017 came to be registered.
[3] During the course of investigation it was revealed that
the present applicant is the leader of gang run by all the accused
persons. She was actively participated in hatching of conspiracy.
Therefore, she came to be arrested. Now she is in judicial
custody. Hence, she has filed this application for grant of bail.
[4] Ld.Adv. for the applicant/accused submitted that the
applicant came to be arrested on 30/10/2017. At the time of the
incident the applicant was not present on the spot. Nothing has
been recovered from the applicant. The seized jewellery is not
connected with the offence. There is inordinate delay in recording
statements of the witnesses. There is only statement of accused
Suresh Bachhewar who states that he received money from the
accused persons. Exaggerations are common in the prosecution
case, but the same cannot be an impediment to grant bail. She is
permanent resident of Thane. Since more than two years the
applicant is in jail. She is falsely implicated. She is ready to abide
all the terms and conditions which will be imposed by the court.
On these grounds Ld.Adv. for the applicant prayed for grant of
bail. In support of his arguments he relied upon the case law,
Babu Singh and others V/s. State of Uttar Pradesh, AIR 1978,
Supreme Court 527.
3 M.C.O.C. NO.5/2018
(CNR No.MHTH010028272018)
(Order below Exh.40)
applicant cannot be ruled out. Therefore, as per Sec.21(4) of the
MCOC Act the applicant is not entitled for grant of bail. On these
grounds, he prayed for rejection of the application.
[6] On perusal the material placed on record it appears
that it is the main allegation of the prosecution that the accused
persons hatched conspiracy to commit dacoity and to take away
money and ornaments from the house of the informant. For that
purpose they collected deadly weapons like pistols and knives.
There are statements of the witnesses and CCTV Footage which
show that the applicant was involved in the conspiracy. The I.O.
has seized an amount of Rs.8 Lakh from witness Suresh
Bachhewar. His statement show that the applicant kept the said
amount of money with him. An amount of Rs.1,69,000/ has
been seized by the I.O. from the office of the applicant.
Confession of 3 accused have been recorded U/Sec.18 of the
MCOC Act, wherein they confessed the guilt and explained about
the participation and role of the applicant in the crime. The I.O.
has collected CDR and SDR of the phones of the applicant and the
accused persons which show that they were in contact with each
other. Moreover, the I.O. has seized Rs.15,50,000/ from the
brother of accused Arun Telang. Thus, there is prima facie
evidence to show the involvement of the applicant in the present
crime. Bail applications filed by other three accused persons have
been rejected by this court as well as by the Hon'ble High Court.
5 M.C.O.C. NO.5/2018
(CNR No.MHTH010028272018)
(Order below Exh.40)
[7] Moreover, requisite ingredients for application of the
provisions of the MCOC Act and for other offences of Indian Penal
Code have been made out by the prosecution. Thus, there is
prima facie evidence against the applicant. In the circumstances,
if he is released on bail possibility of his absconding, tampering
with the prosecution evidence and repetition of similar crime on
the part of the applicant cannot be ruled out. Therefore, as per
Sec.21(4) of the MCOC Act the applicant is not entitled for grant
of bail. In the result, the application deserves to be rejected. I,
therefore, pass the following order :
ORDER
The application is rejected.
Digitally signed
by Shamkant
Bhalchandra
Bahalkar
Date: 2020.02.17
14:40:27 +0530
Thane ( S. B. Bahalkar )
Date :15/02/2020 Special Judge,
Under MCOV Act,Thane.