The Bombay High Court has granted bail to one Anwar Shaikh noting that he was booked under the stringent Maharashtra Control of Organised Crime Act (MCOCA) despite there not being any chargesheet filed against him earlier.
MCOCA can be invoked against an accused, only if there are more than two chargesheets filed against him in the preceding 10 years.
Lack of Documented Evidence for MCOCA Application
Justice SG Dighe granted bail observing: “Prosecution has not produced on record any document to show that more than one charge-sheet is filed against applicant for applicability of Section of MCOC Act.” The court also said that Shaikh had been behind bars for more than two years. Also, Investigation is completed and the chargesheet has been filed.
Shaikh's Detention and Completion of Investigation
Shaikh was booked by the Swargate police on August 23, 2021 under various sections of the Indian Penal Code, Maharashtra Police Act, Epidemic Diseases Act, Disaster Management Act MCOCA. It was alleged that Shaikh and his friends assaulted one Ram Umap and his friends with swords, scythe and sticks.
Background of the Case Against Anwar Shaikh
Advocate Sana Raees Khan, appearing for Shaikh, argued that he was falsely implicated and pointed out discrepancy in the role attributed to Shaikh. She said that according to the FIR, Shaikh assaulted Umap with a scythe on his hands, whereas injured eye witnesses have stated that Shaikh assaulted Umap’s friend with a sword.
Moreover, there is only one previous case against Shaikh and hence the requirement of provision of MCOCA of more than two chargesheets against the accused in the last 10 years is not met with and hence MCOCA cannot be invoked, Khan argued.
Bail Granted to Others With More Serious Allegations
She also pointed out that a co-accused, who was attributed a far more serious role compared to Shaikh, was granted bail, and the State had not challenged his bail before a higher court.
Additional public prosecutor YY Dabke opposed the plea contending that Shaikh was a member of an organised crime syndicate and if he is released on bail, he may threaten prosecution witnesses and he may abscond.
Justice Dighe granted bail to Shaikh on furnishing a personal bond of Rs 25,000.
