Vinod S/O Vitthalrao Sontakke vs The State Of Maharashtra on 8 January, 2025

Supreme Court – Daily Orders

Vinod S/O Vitthalrao Sontakke vs The State Of Maharashtra on 8 January, 2025

                                          IN THE SUPREME COURT OF INDIA
                                        CRIMINAL APPELLATE JURISDICTION


                                     CRIMINAL APPEAL NO.          OF 2025
                               (@ Special Leave Petition (Crl.) No. 14166/2024)



                         VINOD S/O VITTHALRAO SONTAKKE                       ...APPELLANT(S)


                                                          VERSUS


                         THE STATE OF MAHARASHTRA                           ….RESPONDENT(S)



                                                          O R D E R

Leave granted.

This appeal challenges the judgment and order

dated 27.02.2024 passed by the High Court of Bombay at

Nagpur in Criminal Application (BA) No. 79 of 2024.

The appellant herein has been booked for the crime

registered pursuant to FIR No.69/2023, registered with

Police Station Sonegaon, Nagpur for the offence punishable

under Sections 394, 397, 120(B) and 506(B) read with

Section 34 of the Indian Penal Code and Sections 4 and 25

of the Arms Act and Sections 3(1)(ii), 3(2), 3(4) of the

Maharashtra Control of Organized Crime Act, 1999.
Signature Not Verified

Digitally signed by
NEETU SACHDEVA
Date: 2025.01.08
16:47:41 IST
Reason:

The accusation against the appellant is that he is a

contd..

– 2 –

member of an Organised Crime Syndicate and in pursuance

of the common object of the said syndicate, committed the

offence of dacoity and therefore, the provisions of the

MCOC Act are made applicable.

The appellant was arrested in April, 2023. Seeking

regular bail, the appellant approached District Judge-1 &

Special Judge, designated under MCOC Act, Nagpur by filing

Criminal Bail Application No. 1912 of 2023. By order dated

29.12.2023, the said bail application was rejected.

Being aggrieved, the appellant approached the High

Court by filing Criminal Application (BA) No. 79 of 2024.

Vide impugned order dated 27.02.2024, the High Court

dismissed the bail application filed by the appellant.

Hence this instant appeal.

This Court vide its order dated 10.09.2024, issued

notice in the instant matter.

We have heard learned counsel for the appellant in

support of the appeal and learned counsel for the State

and perused the material on record.

Learned counsel for the appellant submitted that the co-

accused has been granted bail and further the charges have not

yet been framed and he is in jail for the last about twenty

contd..

– 3 –

months. He further submitted that as many as Sixty Five

witnesses have been listed for being examined and therefore,

the trial would inevitably be delayed. In the circumstances,

the impugned order(s) may be set aside and relief of bail may

be granted to the appellant herein.

Per contra, learned counsel for the respondent/State

with reference to his Counter Affidavit contended that

there is no merit in this appeal and that the matter is

now slated for 10.01.2025 before the Trial Court. In the

circumstances, the appeal may be dismissed.

Considering the facts on record, in our view, the

case for bail is made out.

We, therefore, allow this appeal and direct as under:

“The appellant shall be produced before the concerned

trial Court as early as possible and the trial Court

shall release him on bail, subject to such conditions

as it may deem appropriate to impose to ensure his

presence in the proceedings arising out of FIR

No.69/2023 mentioned above.”

It is directed that the appellant shall extend complete

cooperation in the trial of the instant case. The appellant

shall not misuse his liberty in any manner.

Contd..

– 4 –

Any infraction of the conditions shall entail

cancellation of bail granted to the appellant.

With these observations, the appeal is allowed.

………………………………………J.
[B.V. NAGARATHNA]

….……………………………………J.
[SATISH CHANDRA SHARMA]

NEW DELHI
JANUARY 08, 2025
ITEM NO.2 COURT NO.8 SECTION II-A

S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) No(s). 14166/2024

[Arising out of impugned final judgment and order dated 27-02-2024
in CRABA No. 79/2024 passed by the High Court of Judicature at
Bombay at Nagpur]

VINOD S/O VITTHALRAO SONTAKKE Petitioner(s)

VERSUS

THE STATE OF MAHARASHTRA Respondent(s)

(IA No.183444/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT )

Date : 08-01-2025 This petition was called on for hearing today.

CORAM :

HON’BLE MRS. JUSTICE B.V. NAGARATHNA
HON’BLE MR. JUSTICE SATISH CHANDRA SHARMA

For Petitioner(s) Mr. Kishor Lambat, Adv.

Ms. Suja Joshi, Adv.

Ms. Kashmira Lambat, Adv.

Mr. Milind Vaishnav, Adv.

Mr. Sagar Lambat, Adv.

Mr. Digant Mishra, Adv.

M/S. Lambat & Legiteam, AOR

For Respondent(s) Mr. Aaditya Aniruddha Pande, AOR
Mr. Siddharth Dharmadhikari, Adv.
Mr. Sourav Singh, Adv.

UPON hearing the counsel the Court made the following
O R D E R
Leave granted.

The Appeal is allowed in terms of the signed order.

It is directed that the appellant shall be produced

before the concerned trial Court as early as possible

and the trial Court shall release him on bail, subject

contd..

– 2 –

to such conditions as it may deem appropriate to impose

to ensure his presence in the proceedings arising out

of FIR No.69/2023.

Pending application(s) shall stand disposed of.

(NEETU SACHDEVA) (DIVYA BABBAR)
ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
(signed order is placed on the file)