Case Note & Summary
The appellant, Farooq Shaukat Bagwan, filed an appeal under Section 21(4) of the National Investigation Agency Act (NIA Act) against an order dated 1st September 2021 passed by the Special Judge, MCOCA Special Case No. 7 of 2013, rejecting his bail application under Section 439 of the Code of Criminal Procedure (CrPC). The appellant was original accused No. 6 in the case arising from C.R. No. 09 of 2012 registered by ATS Police Station, Mumbai (originally C.R. No. 168 of 2012 with Deccan Police Station, Pune). The charges included offences under Sections 307, 435, 120-B IPC, Sections 3, 4, 5 of the Explosive Substances Act, Sections 3, 25 of the Arms Act, Sections 16(1)(b), 18, 20, 23, 38, 39 of the Unlawful Activities (Prevention) Act, 1967 (as amended 2008), and Sections 3(1)(ii), 3(2), 3(4) of the Maharashtra Control of Organised Crime Act, 1999 (MCOCA). The prosecution alleged that the appellant was part of an organised crime syndicate involved in a conspiracy to commit terrorist acts using explosives. The appellant argued that he was falsely implicated and that there was no prima facie evidence against him. The State opposed bail, citing the seriousness of the offences and the stringent conditions under MCOCA and NIA Act. The court, after considering the submissions, held that the twin conditions under Section 21(4) of the NIA Act were not satisfied, as there was prima facie material indicating the appellant's involvement in the conspiracy. The court dismissed the appeal, confirming the rejection of bail.
Headnote
A) Criminal Law - Bail - MCOCA - Section 21(4) NIA Act - Section 439 CrPC - Appellant, original accused No. 6, sought bail in MCOCA Special Case No. 7 of 2013 arising from C.R. No. 09 of 2012 for offences under IPC, Explosive Substances Act, Arms Act, UAPA, and MCOCA - Court held that the twin conditions under Section 21(4) NIA Act (prima facie case and likelihood of offence while on bail) were not satisfied - Bail rejected (Paras 1-2).
Issue of Consideration
Whether the appellant is entitled to bail under Section 439 CrPC read with Section 21(4) of the NIA Act, given the stringent conditions under MCOCA and the nature of the offences.
Final Decision
Appeal dismissed. The order rejecting bail is confirmed.
Law Points
- Bail under MCOCA
- Section 21(4) NIA Act
- Section 439 CrPC
- Prima facie case
- Organised crime
- Conspiracy
- Explosive Substances Act
- Unlawful Activities (Prevention) Act
Case Details
2025 LawText (BOM) (09) 93
Criminal Appeal No. 300 of 2024
A. S. Gadkari, Rajesh S. Patil
Mr. Mubin Solkar a/w Mr. Tahir Hussain, Mr. Anas Shaikh, Mr. Hemal Shah and Ms. Tahera Qureshi for Appellant. Mr. Vinod Chate, A.P.P. for Respondent-State.
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Nature of Litigation
Criminal appeal against rejection of bail application under Section 439 CrPC in a case under MCOCA and other penal statutes.
Remedy Sought
Appellant sought bail in MCOCA Special Case No. 7 of 2013.
Filing Reason
Appellant was arrested and charged with offences under IPC, Explosive Substances Act, Arms Act, UAPA, and MCOCA for alleged involvement in an organised crime conspiracy.
Previous Decisions
The Special Judge, MCOCA Special Case No. 7 of 2013, rejected the appellant's bail application by order dated 1st September 2021.
Issues
Whether the appellant is entitled to bail under Section 439 CrPC read with Section 21(4) of the NIA Act.
Whether the twin conditions under Section 21(4) NIA Act are satisfied.
Submissions/Arguments
Appellant argued that he was falsely implicated and there was no prima facie evidence against him.
State opposed bail citing seriousness of offences and stringent conditions under MCOCA and NIA Act.
Ratio Decidendi
The twin conditions under Section 21(4) of the NIA Act (prima facie case and likelihood of offence while on bail) were not satisfied, as there was prima facie material indicating the appellant's involvement in the conspiracy.
Judgment Excerpts
By this Appeal under Section 21(4) of the National Investigation Agency Act ( for short NIA Act), the Appellant has impugned Order dated 1st September 2021, passed by below Exh. 282 in MCOCA Special Case No. 7 of 2013, rejecting his Application for bail, under Section 439 of the Code of Criminal Procedure (Cr.P.C.)
Appellant is original accused No. 6 in the said MCOCA Special Case No. 7 of 2013.
Procedural History
The appellant filed a bail application under Section 439 CrPC in MCOCA Special Case No. 7 of 2013, which was rejected by the Special Judge on 1st September 2021. The appellant then filed the present appeal under Section 21(4) of the NIA Act before the Bombay High Court.
Acts & Sections
- National Investigation Agency Act: 21(4)
- Code of Criminal Procedure, 1973: 439
- Indian Penal Code, 1860: 307, 435, 120-B
- Explosive Substances Act, 1908: 3, 4, 5
- Arms Act, 1959: 3, 25
- Unlawful Activities (Prevention) Act, 1967: 16(1)(b), 18, 20, 23, 38, 39
- Maharashtra Control of Organised Crime Act, 1999: 3(1)(ii), 3(2), 3(4)
