IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2524 OF 2008 CRIMINAL APPLICATION NO. 2524 OF 2008 CRIMINAL APPLICATION NO. 2524 OF 2008 Dinesh Karshan Tukadia ...Applicant (Orig.Accused No.12) vs. The State of Maharashtra ...Respondent Mr.J.G. Bhanushali alongwith Ms.Nisha Valani i/b. Mr.Mayur Narendra & Co. for the Applicant. Mr.Rajesh More, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : JANUARY 13, 2009 DATED : JANUARY 13, 2009 DATED : JANUARY 13, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. The applicant has been arrested in connection with an offence punishable under Sections 302, 364-A, 201, 120B, 511 read with 34 of the IPC and also under Section 4, 25 of the Arms Act and under Sections 3(i)(i), 3(i)(ii), 3(2), 3(4) of the MCOC Act. 3. Prosecution case is the applicant alongwith others hatched the conspiracy, kidnapped one Sagar Sahani and demanded ransom of Rs.2 crores and after the - 2 - amount was received, the said Sagar Sahani who was young boy of 21 years of age was murdered and his dead body was thrown in the forest area. 4. Counsel for the applicant submits that there is no material on record to indicate that the applicant was, in any way, involved in the commission of murder or kidnap of deceased Sagar. At the highest, the only material on record if it is taken and his case is that the applicant alongwith others had gone to Poona for the purpose of kidnapping Sagar Sahani on an earlier date, however, the said attempt to kidnap the said Sagar Sahani failed and the applicant alongwith others returned back. It is submitted that the applicant had no knowledge about the subsequent kidnapping and murder of the deceased. He, therefore, submitted that even if this material is accepted to be true, even then no offence has been made out against the applicant. 5. It is not possible to accept this submission. The charge under Section 120B is an offence which is levelled against the present applicant and others. - 3 - Apart from that, provisions of MCOC Act also have been applied after sanction has been obtained as required under the aforesaid Act. Under the provisions of MCOC Act, before granting bail, the court has to record a finding that there are no reasonable grounds for believing that the accused are not guilty of the offence under MCOC Act and only after such a finding is recorded, the Court can grant bail to the accused. 6. In the present case, in my view, Section 120B has been levelled against the applicant. Even after assuming for a moment that no subsequent steps have been taken by him for the purpose of kidnapping the said Sagar Sahani, even then he has taken part in the general conspiracy to commit the said offence. At this stage, it cannot be said that there is no material to connect the applicant with the said offence. 7. The application for bail is rejected. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)