The appellant challenged the denial of bail under MCOCA, citing prolonged incarceration without trial and lack of evidence.

The Supreme Court allowed bail, emphasizing the violation of the appellant’s right to speedy trial due to systemic delays.

Acts and Sections Discussed:

1. Maharashtra Control of Organised Crime Act, 1999 (MCOCA): Emphasis on twin conditions for bail.
2. Articles 19 and 21 of the Constitution of India: Right to speedy trial and liberty.
3. Judicial Precedents:
   • State of Maharashtra v. Vishwanath Maranna Shetty.
   • Manish Sisodia v. Directorate of Enforcement.
   • Kalvakuntla Kavitha v. Directorate of Enforcement.

1. Case Background

The appellant challenged the Bombay High Court’s rejection of his bail plea under MCOCA. He had been incarcerated for five years without trial, and the charges were yet to be framed.

2. Appellant's Arguments

• Appellant had a single criminal antecedent used to invoke MCOCA.
• Evidence suggested he was not at the crime scene.
• Prolonged detention violated fundamental rights under Articles 19 and 21.

3. Respondents' Counterarguments

• The State and complainant opposed bail, citing the appellant’s alleged gang affiliation.
• The High Court order, relying on precedents, was well-reasoned and justified.

4. Supreme Court Observations

• Highlighted the twin conditions under MCOCA: belief in the accused's innocence and assurance against further offenses during bail.
• Criticized systemic delays causing denial of justice to both accused and victims.

5. Systemic Failures

Noted that on 102 scheduled dates over six years, the accused was not produced before the trial court in most cases.

6. Decision and Directions

• Allowed bail with stringent conditions:
  • Rs. 50,000 bond and sureties.
  • Restricted from entering Akluj Tehsil.
  • Mandated regular court appearances.
• Directed systemic reforms to ensure timely trials through improved mechanisms for accused production.

Ratio Decidendi:

1. Prolonged incarceration without trial contravenes the right to liberty and speedy justice under Articles 19 and 21 of the Constitution.
2. Systemic inefficiencies cannot justify continued detention, equating to pre-trial punishment.

Subjects:

Bail under MCOCA, Right to Speedy Trial.
MCOCA, Prolonged Detention, Speedy Justice, Constitutional Rights, Supreme Court Judgment, Systemic Reforms.