Unsuccessful Attempt By Prosecution Contending That He Is A Notorious Don: Bombay HC Suspends Chhota Rajan’s Sentence In Hotelier’s Murder Case
The Bombay High Court has suspended Chhota Rajan’s sentence after observing that the prosecution unsuccessfully attempted to establish his role as a “notorious don.”
The Court granted bail to Rajendra Sadashiv Nikalje, commonly known as Chhota Rajan (applicant) for his alleged involvement in the 2001 murder of hotelier Jaya Shetty, under stringent provisions of Sections 3(1) (i), 3(2) and 3(4) of the Maharashtra Control of Organized Crime Act, 1999 (MCOC Act) and also Sections 302 and 120B of the IPC.
A Division Bench of Justice Revati Mohite Dere and Justice Prithviraj K. Chavan stated, “Special Public Prosecutor made a futile and unsuccessful attempt to support the impugned judgment and order of conviction rendered by the learned Special Judge by contending that the applicant is a notorious Don having several cases at his discredit of which a list has been tendered along with the affidavit-in-reply filed by the C.B.I.”
Senior Advocate Sudeep Pasbola appeared for the applicant, while Special P.P. Pradip Gharat represented the respondents.
The prosecution maintained that the murder of the hotelier was part of an extortion racket managed by the applicant’s organized crime syndicate. According to case documents, the alleged incident happened after the hotelier allegedly failed to meet repeated extortion demands. The prosecution argued that the murder was orchestrated by a known associate of the applicant, who was caught with firearms at the scene. Prosecution witnesses, including the deceased’s family, testified that they had received extortion threats as well.
The Court discredited the prosecution’s arguments to label the applicant as a “notorious Don having several cases at his discredit” as an “unsuccessful attempt to support the impugned judgment.”
“Order of suspension of execution of sentence has to be reasoned. Having carefully considered all the relevant aspects and also looking to the fact that the appeal may not be heard in near future, we are of the considered view that the applicant deserves to be released on bail by suspending execution of the sentence/s pending the appeal. There is sufficient material on record warranting suspension of execution of sentence and releasing the applicant on bail, pending the appeal,” the Bench held.
Consequently, the Court held, “As such, there is no legal sanction to prosecute the applicant and, therefore, conviction of the applicant under the stringent provisions of the MCOC Act is indeed bad in law.”
Accordingly, the High Court allowed the application.
Cause Title: Rajendra Sadashiv Nikalje @ Chhota Rajan @ Nana Sheth @ Sir v. Central Bureau of Investigation & Anr. (Neutral Citation: 2024:BHC-AS:42284-DB)
Appearance:
Applicant: Senior Advocate Sudeep Pasbola; Advocates Akash Pandey, Ayush Pasbola, Swaraj Jable and Mrunal Bhide
Respondents: Special P.P. Pradip Gharat; Addl. P.P. V.B. Konde-Deshmukh
