Bombay High Court
Rohan Satish Bhalke vs The State Of Maharashtra on 14 September, 2023
Bench: Makarand Subhash Karnik
2023:BHC-AS:27130
PMB 1.BA.820-23.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.820 OF 2023
ROHAN SATISH BHALKE ..APPLICANT
VS.
THE STATE OF MAHARASHTRA ..RESPONDENT
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Mr. Shailesh S. Kharat for the applicant.
Ms. Veera Shinde, APP for the State.
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CORAM : M. S. KARNIK, J.
DATE : SEPTEMBER 14, 2023.
P.C. :
1. Heard learned counsel for the applicant and learned
APP for the State.
2. This is an application for bail in respect of the offence
punishable under Sections 395, 120-B of the Indian Penal
Code (hereafter 'IPC' for short) and under Sections 3(1)(ii),
3(2), 3(4) of the Maharashtra Control of Organised Crime
Act, 1999 (hereafter 'MCOCA', for short) registered on
09.09.2021 vide C.R. No.290 of 2021 with Lonand Police
Station, Satara.
3. The applicant is the accused No.4. The applicant was
arrested on 13.09.2021. It is the case of the prosecution
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that on 09.09.2021 the informant was carrying cash of
Rs.5,34,000/- with him to pay the wages of the labour. Near
the railway bridge he slowed downed his car. At that time
five unknown person came on two bikes. They broke the
window of his car and threatened him with a scythe. The
complainant fled out from the left side door of car and
started running. The informant noticed that one person took
the bag of cash, mobile and key of car whereafter all ran
away.
4. The applicant was arrested on 13.09.2021 and is in
custody for last two years. The applicant is claiming parity
with other co-accused. The gang leader as well as the
applicant are identified and both of them are alleged to
have been seen along with the other co-accused at the time
of offence. The gang leader Raju Ashok Jadhav has been
enlarged on bail by the Special Judge by an order dated
20.07.2023. The Special Judge while enlarging the co-
accused i.e. gang leader on bail has observed thus :-
"10] On perusal of record, it also appears that the handset
was seized from the applicant and during the interrogation
by Wanwadi Police Station, at Pune. Therefore, his name
was involved and he was also arrested in the present crime.
PMB 1.BA.820-23.odt
11] On perusal of record, it reveals that on 04.03.2022,
the accused Krushna and Dattatray Shirwale as well as
Laxman Shirwale were released on bail by my learned
predecessor. It appears that on the date of incident at time
17.20, the accused Rohan and Shiva Rathod had stopped
the vehicle of the complainant and the accused Promod
Parse had drawn iron Koyta, at that time the accused Raju
and others moved to spot by motorcycle. They tried to reach
at the spot. It appears that the the accused played above
role while committing the offence.
12] The Hon'ble Bombay High Court in the case of
Dinesh Bhondulal Baisware Vs. The State of
Maharashtra reported in 2016 ALL MR (Cri.) 3517 has
placed reliance on the judgment of the Hon'ble Apex Court
in Ranjitsing Brahmajeetsing Sharma Vs. State of
Maharashtra and another, reported in AIR 2005 SC
2277 (1). Therein, the Hon'ble Apex Court has laid down
that, "In order to examine whether the case of applicant
falls within the scope of Section 21(4) or not, it is necessary
that the Court must be satisfied that there is prima facie
evidence against the applicant indicating commission of the
offence under the provisions of the MCOC Act and that there
should also be a reasonable possibility of the applicant
committing the crime under the said Act." This can be seen
from the observations in Paragraph 49 of the judgment,
which are reproduced thus:
"We are furthermore of the opinion that the
restrictions on the power of the Court to grant bail
should not be pushed too far. If the Court, having
regard to the materials brought on record, is satisfied
that in all probability he may not be ultimately
convicted, an order granting bail may be passed. The
satisfaction of the Court as regards his likelihood of
not committing an offence while on bail must be
construed to mean an offence under the Act and not
any offence whatsoever be it a minor or major
offence. If such an expansive meaning is given, even
likelihood of commission of an offence under Section
279 of the Indian Penal Code may debar the Court
from releasing the accused on bail. A statute, it is
trite, should not be interpreted in such a manner as
would lead to absurdity. What would further be
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necessary on the part of the Court is to see the
culpability of the accused and his involvement in the
commission of an organized crime either directly or
indirectly. The Court at the time of considering the
application for grant of bail shall consider the
question from the angle as to whether he was
possessed of the requisite means rea. Every little
omission or commission, negligence or dereliction
may not lead to a possibility of his having culpability
in the matter which is not the sine qua non for
attracting the provisions of MCOCA. A person in a
given situation may not do that which he ought to
have done. The Court may in a situation of this
nature keep in mine the broad principles of law that
some acts of omission and commission on the part of
a public servant may attract disciplinary proceedings
but may not attract a penal provision."
13] In the circumstances, the rigor of Section 21(4) of
MCOC Act may not come in the way to grant bail to accused
Raju Ashok Jadhav. Considering the accusation made
against the applicant and the nature of offence, no fruitful
result come out, if applicant is kept behind bar for indefinite
period."
5. Since the gang leader has been enlarged on bail who
is having a similar role as the present applicant, even the
present applicant can be enlarged on bail.
6. Learned APP while opposing the application for bail
submitted that even while in custody the applicant had a
fight with one of the inmates. It is the allegation that the
applicant assaulted one of the inmates with fist and kick
blows.
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7. Considering that the applicant is in custody for more
than two years and now that the gang leader has been
enlarged on bail, even the present applicant can be
enlarged on bail by imposing stringent conditions. Hence,
the following order :-
ORDER
(a) The application is allowed.
(b) The applicant-Roshan Satish Bhalke in connection
with C.R. No.290 of 2021 registered with Lonand
Police Station, Satara shall be released on bail on his
furnishing P.R. Bond of Rs.1,00,000/- with one or
more sureties in the like amount.
(c) The applicant shall attend the Investigating
Officer of Lonand Police Station, Satara once in a
month every first Monday of the month between 11.00
a.m. and 1.00 p.m.
(d) The applicant shall not directly or indirectly make
any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade
him from disclosing the facts to Court or any Police
Officer. The applicant shall not tamper with evidence.
(e) On being released on bail, the applicant shall
furnish his contact number and residential address to
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the Investigating Officer and shall keep him updated,
in case there is any change.
(f) The applicant shall not tamper with prosecution
evidence.
(g) The applicant shall attend each and every date of
trial unless exemption granted by Court for sufficient
reason.
8. The application is disposed of.
(M. S. KARNIK, J.)
Signed by: Pradnya Bhogale
Designation: PA To Honourable Judge
Date: 14/09/2023 18:56:54
