SPECIAL MCOCA COURT GRANTS BAIL TO GUJARAT RESIDENTS
Nagpur: The Special Court designated under the Maharashtra Control of Organised Crimes Act ( MCOCA), presided over by Judge Hon. Shri S. J. Bharuka has released three accused on bail. The accused Ajay Kumar & Ankit Kumar Patel are residents of Gujarat and were arrayed as accused in prosecution lodged by Police station Sitaburdi in Crime no. 676/2019, for the 384, 386, 420, 467, 468, 471, 506(2), 34 of the Indian Penal Code and u/s. 3(1)(ii), 3(2), 3(4), 3(5) and 4 of the Maharashtra Control of Organised Crimes Act.
The matter pertains to the fraud committed by the main accused and dreaded history sheeter Santosh Ambekar upon complainant Jigar Patel native also of Gujarat. The accused Santosh Ambekar had defrauded the complainant by inducing him to make payment of Rs. 10 crores against a property situated at Mumbai. Towards this, the accused Ambekar called the complainant and others several times to Nagpur.
The cash involved in this transaction was allegedly routed through “Angdia” services based at Ankleshwar & Surat in Gujarat. During the investigation, the prosecution alleged that the owner of this angdia firm was involved in the conspiracy.
The prosecution contended that first informant Jigar Patel lodged complaint that accused persons hatched conspiracy, prepared forged and fabricated documents in respect of one property situated in Mumbai, obtained Rs.5 Crores from first informant under the pretext that accused persons would sell the said property to first informant and thereby cheated him, when first informant demanded his amount returned back, he was threatened by accused persons to pay extortion amount of Rs.1 Crore, otherwise they would kill first informant and his family members. In view of above said report, crime came to be registered. Initially, crime was registered u/s. 384, 386, 420, 467, 468, 471, 506(2), 34 of I.P.C. During the investigation, provisions of the Maharashtra Control of Organised Crime Act (in short “MCOC Act”) came to be invoked on 23.10.20
While admitting the accused on bail, the special court held that no incriminating circumstances have come on record showing their involvement in the present crime or any nexus with any of the co-accused, except co-accused and their employer Arvind Patel. On perusal of confessional statements of co-accused Arvind Patel, Ramesh Patil, Chandan Chaudhary and Juhi Chaudhary, it appears that no incriminating circumstances have come in their statements showing involvement of applicants in any conspiracy or nexus as a member of organised crime syndicate. Further, the court proceeded to hold that, there is nothing on record to show that applicants were having knowledge about the alleged transaction which was taken place amongst first informant, co-accused Santosh Ambekar and Ramesh Patil. Lastly, the court held that no role is attributed to any of applicants in the present crime showing their nexus with organised crime syndicate and that both the applicants are employees in Balaji Firm and they have acted as per the instructions of their employer co-accused Arvind Patel and they have performed their duties in the course of their routine business activities and that there is nothing in the charge sheet to show that applicants joined in the organised crime syndicate as a new member or gang leader hired their services on behalf of organised crime syndicate.
By separate orders, the court also granted bail to other lady co accused Juhi, However it rejected the bail application filed by accused Rajendra @ Raja Armarkar, holding that there is strong prima facie case against him.
The accused Ankit & Ajay Kumar were represented by Senior Advocate Avinash Gupta & Advocates Aakash Gupta & Faizan Sheikh.