VITTHAL MAHADEO SHELAR vs THE STATE OF MAHARASHTRA

Judgment text excerpt

1/13 902 WP 5256-25.doc ASHISH Digitally signed by ASHISH SAHEBRAO SAHEBRAO MHASKE MHASKE Date: 2025.12.19 15:46:06 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 5256 OF 2025 Vitthal Mahadeo Shelar .. Petitioner Versus The State of Maharashtra and anr .. Respondents … Mr. Manoj Mohite, Senior Advocate, a/w Mr. Pranav Pakale, Mr. Chinmay Sawant, Mr. Aditya Bagal for the Petitioner. Mr. Brijesh Shukla for respondent no.2./ original complainant. Dr.Pradeepsingh. M. Rajput Special Public Prosecutor a/w Ms. Sangeeta D Shinde, APP for the State. Mr. Ganesh Fartade, PSI, Crime Branch, Pune. CORAM: BHARATI DANGRE & SHYAM C. CHANDAK, JJ. DATED : 17th DECEMBER, 2025 JUDGMENT:- (PER BHARATI DANGRE J) 1. C.R. No. 2 of 2024 was registered with Kothrud Police Station, Pune, on 5/01/2024 invoking Sections 302, 307 read with Section 34 of Indian Penal Code, Section 3, 25 of Arms Act, 1959 along with relevant provisions of Maharashtra Police Act, 1951. The same was based on the information that at 1:20 p.m., Sharad Mohol, who was on his way to Dagdusheth Ganpati Mandir along with three other persons, Munna @ Sahil Polekar and two unknown persons accompanying him, fired at him and caused his death. The information was also provided that Munna Polekar fired at Pramod Sathe, who was walking with complainant behind Sharad. Ashish 2/13 902 WP 5256-25.doc 2. The provisions of Maharashtra Control of Organised Crime Act, 1999 were invoked in the said FIR on 27/01/2024 though the petitioner was not arraigned as an accused. His name was however added in the C.R., on 13/01/2024, on the basis of suspicion of allegedly hatching criminal conspiracy. Admittedly, the petitioner Vitthal Mahadeo Shelar was not named as an accused in the FIR. However on