Criminal antecedents per se don’t justify invocation of MCOCA: Bombay HC

Criminal antecedents per se don’t justify invocation of MCOCA: Bombay HC

Urvi MahajaniUpdated: Monday, August 15, 2022, 07:02 PM IST
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Bombay HC | Photo: Representative Image

Observing that the mere fact that there were criminal antecedents, would not by itself justify invocation of the stringent Maharashtra Control of Organised Crime Act (MCOCA), the Bombay High Court has granted bail to one Shiban Shaikh, 21, who was accused of being a member of an organised crime syndicate run by one Sagar Mhaske in Nashik.

Justice NJ Jamadar, on August 11, while granting bail to Shiban Shaikh, 21, observed: “... the mere fact that there are criminal antecedents would not by itself furnish a justification to invoke the provisions of MCOCA, if the pre-requisite spelled out by the definition of organised crime, are not prima facie made out. The crimes registered against the Applicant are required to be viewed through the aforesaid prism,” said HC while granting him bail.

According to the prosecution, on November 15, 2020, when victim Yogesh was chatting with his friend, few persons came and attacked him with sharp weapons. He was rushed to the hospital where he succumbed to injuries.

Yogesh’s cousin, Rameshwar Sisode, registered an FIR, alleging that Mhaske and his gang members attacked Yogesh. Sisode claimed that two months prior to the incident, Yogesh and he caught some members of Mhaske’s gang stealing petrol from a bike, hence, they held a grudge.

The police arrested 19 accused and showed five persons as absconders. The police even named 3 children in conflict with law as a part of the organised crime syndicate. They were booked under various sections of the Indian Penal Code, Arms Act and MCOCA, said additional public prosecutor YY Dabke.

Aniket Nikam, advocate for Shaikh, argued that none of the witnesses have named Shaikh as one of the persons who attacked Yogesh.

As far as his criminal antecedents were concerned, Nikam pointed out that the earlier crimes registered against Shaikh were “of totally diverse nature”. In the first crime, he was shown as a child in conflict with law.

The court remarked that the “investigation is complete for all intent and purpose”. “Having regard to the number of the accused and the witnesses which the prosecution proposes to examine, it is very unlikely that the trial can be commenced and concluded within a reasonable period,” asid HC.

The court took note of the fact that Shaikh was of young age. “The Applicant is a young boy of 21 years, and a prolonged incarceration may entail deleterious consequences. Further detention of the Applicant as an under-trial prisoner, in the circumstances of the case does not seem to be either warranted or justifiable,” said justice Jamadar while granting him bail.

He has been granted bail against furnishing a personal bond of Rs 50,000. Apart from attending local police station on a regular basis, the HC has directed Shaikh not to tamper with evidence or witnesses in the case.

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