LAWS(BOM)-2021-2-42

GIRISH KUMARAN NAYAR Vs. STATE OF MAHARASHTRA

Decided On February 17, 2021
Girish Kumaran Nayar Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Applicant is one of the four accused in Crime No.574 of 2016 in respect of ofences punishable under Sections 115 read with Sections 302, 120B of the Indian Penal Code, 1860, Sections 4 and 25 of the Arms Act and Section 37(1) of the Bombay Police Act, apart from ofences under Sections 3(1)(ii), 3(2) and 3(4) of the Maharashtra Control of Organised Crime Act, 1999 ('MCOC' for short). By this application, the applicant seeks bail.

(2.) Heard Mr. Abhaykumar Apte, learned counsel for the applicant and Mr. Dabke, learned Additional Public Prosecutor for the State. With the assistance of the learned counsel, I have gone through the bail application, annexures thereto and the relevant parts of the charge- sheet. I have also been taken through the afdavit fled by Mr. Jayant Bajbale, Sub Divisional Police Ofcer, Virar Division, District: Palghar for opposing the grant of bail. Prosecution case has been described in the proforma of the charge-sheet.

(3.) Briefly stated, prosecution's case is that on 16th October, 2016, constable Mohite attached to Virar Police Station received information from one of the informants that four unknown persons had assembled/gathered at and near Ganpati Mandir in Innova Car No.MH-04 EH 7725, with dangerous weapons and they were planning to eliminate a person named 'Gabari', a nick name of, Arun Hira Patil, a relative of the local corporator. On this tip-of, Mohite, proceeded to Ganpati Mandir with two constables. In order to conceal their identity, they remained passive in plain clothes and heard the conversation amongst them. Constable, Shankar Shinde, who accompanied Mohite, knew, Girish Nair, one of the four accused and eventually Girish Nair applicant before this Court. Constable Mohite, heard that four persons were outlined the plan as to how Gabari was to be killed. But as it appears one of those accused persons noted that someone was keeping watch on them, all four accused persons fled the spot, leaving behind the car as it is. Though team of constables chased but they could not nab them. Whereafter the team of constables made eforts to open up door of the car but found, it was locked. Constables peeped into the car from the glass window and had noticed dangerous weapons were kept below the seat. Information was passed over to Senior Inspector, Virar Police Station. Eventually, someone informed that car was belonged to Mr. Kini. Surprisingly, Police Constable Shinde, had cell number of Mr. Kini. Thus, Kini was called, he came on the spot with one Kisan Tare to whom Mr. Kini had sold the car. When enquired with Kisan Tare about the car, he informed that since before ffteen days, car was given on rent to Mr. Bhavesh Babubhai Kalaria, but Kisan Tare was having spare key of the Innova Car. Thus, team of constables opened up the car wherein they found the dangerous weapons like, swords, knives, blade of which was approximately 10 inches long, iron rods, chilli powder, mobile hand-set. As such, Innova car and the weapons were seized in presence of the two panchas.