Bombay High Court Grants Bail To MCOCA Accused Anand Phadtare In 2019 Attempted Murder Of Shiv Sena Leader Chandrashekhar Jadhav

The Bombay High Court has granted bail to Anand Phadtare, 26, who was arrested in 2019 by Vikhroli police on charges of attempted murder and extortion. The police had invoked the Maharashtra Control of Organised Crime Act (MCOCA), contending that Phadtare had allegedly provided a bike to assailants who fired shots at Shiv Sena leader Chandrashekhar Jadhav at the behest of wanted gangster Prasad Pujari.

Justice GA Sanap, while granting bail, observed that there was no evidence on record at this stage to suggest that he was directly in contact with Pujari.

Prosecution relied on Phadtare's phone records

In opposition to the bail application, the prosecution had relied on Phadtare's mobile phone call data records (CDR). However, the high court noted that the special court had granted bail to a co-accused with a similar role, observing that CDR alone cannot be an obstacle to granting bail.

Phadtare sought bail, arguing that Prasad Pujari's mother, Indira, was also granted bail in the case. Additionally, an alleged confessional statement of a co-accused did not attribute any role in the actual assault or its preparation to Phadtare.

State opposed bail plea

The state opposed the plea, alleging that Phadtare was a member of an organised crime syndicate and that he was directly involved as a facilitator.

According to the FIR, Pujari had demanded Rs 1 crore from the complainant who was reconstructing a demolished building. The complainant allegedly agreed to pay Rs 10 lakh. However, since he was unable to pay the amount, he was assaulted by two motorcycle-borne assailants.

The high court noted that Phadtare had no criminal antecedents and has directed his release on bail upon furnishing a personal bond of Rs 50,000.