Yogesh Vinod Ahiwale vs The State Of Maharashtra
2021 Latest Caselaw 6210 Bom

                                                                                        5-ba-1348.19 x.doc




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CRIMINAL APPELLATE JURISDICTION
               CRIMINAL BAIL APPLICATION NO.1348 OF 2019

 Yogesh Vinod Ahiwale                                            ... Applicant
 V/s.
 The State of Maharashtra                                        ... Respondent

                                          -------------------
 Mr. Sudhir C. Halli, Advocate for the Applicant.
 Ms. P.P. Shinde, APP for the Respondent - State.
                                         ---------------------
                                CORAM : SMT. SADHANA S. JADHAV, J.

DATED : 7th APRIL 2021.

P.C. :

1. The learned counsel for the applicant submits that the

applicant herein is being charge-sheeted in Crime No.247 of 2015

under sections 302, 307, 387, 143, 147, 148, 149 of Indian Penal Code

and sections 3, 25, 4 and 27 of Arms Act.

2. Subsequently, the provisions of section 3(1), 3(2) of the

M.C.O.C.A were added in Crime No.247 of 2015. It is the contention of

the learned counsel for the applicant that initially there were 5

offences registered against him and that in three cases, he was

acquitted before according sanction in Crime no. 247 of 2015. He had

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5-ba-1348.19 x.doc

been acquitted. According to the learned counsel, the applicant was

acquitted vide judgment and order dated 29th February 2012, 29th

November 2014 and 6th May 2013. According to the learned counsel

Sanctioning Authority had not considered this aspect and therefore, it

has caused prejudice to the applicant. In the present case, admittedly,

the sanction is accorded on 19 th January 2016. The Sanctioning

Authority has considered that there were more than 2 chargsheets filed

against the applicant for the offence punishable under sections 395,

341 and 427 as well as under sections 307, 353 and 333 of the Indian

Penal Code. The learned counsel is placing implicit reliance upon the

information he has received under the Right to Information Act on 21 st

April 2017. The information was given by the Public Information

Officer/P.I. of Phaltan City Police Station. The information is provided

to the applicant while he was lodged in Kolhapur Central Prison at

Kalamba. Since, the case is filed under the provisions of M.C.O.C.A.,

the learned APP to file affidavit-in-reply within three weeks.

3. Stand over to 28th April 2021.

                                       (SMT. SADHANA S. JADHAV, J)


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