TaxTMI 
TaxTMI 
2025 (7) TMI 2035
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....read with 135 of the Bombay Police Act, and Sections 3(1)(i), 3(2), 3(3), 3(4), and 3(5) of the Maharashtra Control of Organised Crimes Act, 1999 (MCOC Act) have also been invoked. 2. The case of the prosecution, in brief, is as follows: On 14th November 2019, at about 9:30 p.m., the deceased - Sachin Sarjerao Garje - left his house located in Nerul. Before leaving, he informed his family that he was going to meet co-accused Vicky Deshmukh. However, he did not return home that night. His family members, after searching for him, lodged a missing person report at the concerned police station. 3. It is further the case of the prosecution that the informant, who is the father of the deceased, later came to know through his nephew that on 14th November 2019 at around 10:00 p.m., the deceased was sitting with him near Grand Central Mall at Seawoods, when Sachin received a phone call from the said Vicky Deshmukh. After receiving the call, the deceased left the location along with co-accused Pritam Koli and another unidentified person. They are said to have proceeded towards Uran in a car, allegedly heading to the house of Vicky Deshmukh. Despite continuous efforts, the informant was....
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....,25,000/- Rs., out of which 1,00,000/- was paid in cash Rs. and the remaining Rs. 4,25,000/- was to be paid later. It is submitted that this transaction took place well before the incident in question. The applicant was subsequently arrested on 21st August 2023, i.e., almost four years after registration of the crime. Relying on the principle of parity, and emphasizing that the Skoda car was no longer in the possession or ownership of the applicant at the time of the alleged offence, learned counsel prays that the applicant deserves to be released on regular bail. 8. On the other hand, the learned Special Public Prosecutor (SPP), opposing the bail application, drew attention to the material placed on record and submitted that although the role of the applicant may appear to partly overlap with some of the co-accused who have been released on bail, the role of the present applicant stands on a higher footing and is more grave. It is submitted that the applicant had accompanied other members of the crime syndicate to Varanasi, Uttar Pradesh, and further, during this journey, the Fortuner car owned by the applicant was used by the syndicate. It is specifically pointed out that accu....
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....tion also discloses that the applicant used a dongle registered in the name of another person to hide her digital footprint, thereby actively taking steps to conceal her identity and obstruct investigation. 12. These materials, the learned SPP submits, clearly show that the applicant has knowingly assisted and abetted the operations of the organized crime syndicate, thereby attracting liability under Section 3(2) of the MCOCA. It is also evident that she has harboured and concealed the syndicate members in violation of Section 3(3), is an active member of the syndicate as contemplated under Section 3(4), and has also benefitted from the proceeds of organized crime, thereby attracting Section 3(5) and Section 4 of the MCOCA. In view of the aforesaid serious allegations, supported by substantial material, it is argued that there exist reasonable grounds to believe that the applicant is prima facie guilty of the offences alleged against her. Therefore, the application for grant of bail deserves to be rejected. 13. Having considered the submissions advanced by the learned counsel for the applicant and the learned SPP for the State, and upon careful perusal of the charge-sheet, su....
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....f Crime: 19. The applicant has placed reliance on a purported sale agreement to contend that the Skoda car, which is alleged to have been used in the commission of the offence of abduction and murder, was no longer in her possession or ownership at the relevant time. It is her case that the said vehicle was sold to co-accused Pritam Koli well prior to the date of the incident, and therefore, she cannot be held responsible for its use in the alleged crime. 20. However, as rightly pointed out by the learned Special Public Prosecutor, a closer examination of the said document reveals that the transaction was only partly executed. The agreement shows that only 1,00,000/- was paid in cash Rs., whereas the remaining amount of 4,25,000/- was to be paid at a future date Rs. . This raises a serious question as to whether the sale was ever concluded in a legally binding manner. 21. Moreover, it is admitted that no steps were taken to transfer the registration of the vehicle with the Regional Transport Office (RTO). In absence of such transfer, the vehicle continued to stand in the name of the applicant, which in law, gives rise to a presumption of ownership and control. The alleged ....
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....at the applicant is not merely an associate but an active participant and beneficiary of the crime syndicate's unlawful gains. 27. The continued registration of fresh criminal cases, including serious charges of kidnapping, extortion, wrongful confinement, and arms possession, also indicates that the syndicate's operations were not isolated or limited in time, but formed part of a structured and ongoing pattern of organised criminal activity. The alleged transfer of large amounts of money into entities connected to the applicant, followed by onward transfers to entities linked to the main accused, supports the prosecution's theory that the applicant was instrumental in laundering or managing the financial proceeds of crime. 28. Furthermore, the investigation has brought to light that the applicant was using a dongle registered in the name of another person, which suggests a deliberate attempt to conceal her digital identity and evade tracking by law enforcement. Such conduct not only reflects consciousness of guilt, but also supports the inference that the applicant was attempting to hide her link to the crime syndicate. 29. In view of the above, this Court finds that the ....
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.... communicate, supports the inference that she was taking calculated steps to hide her identity. Such conduct clearly indicates that the applicant was aware of the criminality of her actions, and took conscious efforts to avoid detection, making it difficult for investigating agencies to trace her digital activities. This is a strong circumstantial pointer towards her involvement and criminal intent. 35. Taken cumulatively, these factors show that the applicant was not only aware of the operations of the organized crime group, but consciously aided its activities, sheltered its members, and benefitted from its proceeds. Therefore, at this stage, there exist reasonable grounds to believe that she is guilty of the offences alleged against her under various provisions of the Maharashtra Control of Organised Crime Act (MCOCA), including Sections 3(2), 3(3), 3(4), and 3(5). 36. Taking an overall view of the material placed on record, and considering the totality of circumstances, this Court finds that the conduct and role of the applicant cannot be seen in isolation or treated as incidental. The facts emerging from the investigation reveal that the applicant had direct awareness of....