The government contended that one of accused, Harish Mandvikar, was a gang leader and had cases against him for causing hurt by deadly weapon.
A Maharashtra Control of Organised Crime Act (MCOCA) case filed by the state government in the murder case of matka king Suresh Bhagat fell flat once again, this time in the Bombay high court.
A division bench of justice BH Marlapalle and justice RY Ganoo on Friday dismissed an appeal of the government challenging a special court’s order to drop MCOCA charges against Jaya Chheda, Hitesh Bhagat (estranged wife and son of Suresh) and Suresh Roge and five others.
The court did not agree with the state’s arguments that the accused in matka king’s murder were members of an organised crime syndicate.
While dismissing the appeal, the judges observed that the basic requirements of invoking MCOCA were not satisfied in the said case.
“Ingredients for laying a chargesheet for offence punishable under MCOCA, viz. pendency of chargesheet where accused or any of his gang members is charged for offence punishable with three years or more imprisonment and committed any pecuniary benefits, economic gains or other advantages etc is not satisfied,” says the judgment.
On April 24, special MCOCA judge RG Awachat revoked MCOCA against all eight accused including Jaya and Hitesh after observing that the stringent law was not applicable. The government then appealed in the high court.
The government contended that one of accused, Harish Mandvikar, was a gang leader and had cases against him for causing hurt by deadly weapon. Considering he has history of violence and there was chargesheet filed, MCOCA should be imposed on them, the government claimed.
However, the defence team argued that Mandvikar was acquitted in that case.
“It was obvious that the said complaint (of hurt) did not make out a case even for any other advantage, let alone the economic advantage or pecuniary benefits,” remarked the high court while rejecting the government’s argument.
Bhagat was killed along with six others in Alibaug on June 13, 2008, when a truck rammed into a car he was travelling in. The crime branch claimed his killing was part of a larger conspiracy by wife Jaya and son Hitesh to take over his multicrore ‘matka’ business.
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