Case Note & Summary
The applicant, Shri Girish Kumaran Nayar, was one of four accused in Crime No.574 of 2016 registered at Virar Police Station for offences under Sections 115, 302, 120B of the Indian Penal Code, 1860, Sections 4 and 25 of the Arms Act, Section 37(1) of the Bombay Police Act, and Sections 3(1)(ii), 3(2), and 3(4) of the Maharashtra Control of Organised Crime Act, 1999 (MCOCA). The prosecution alleged that on 16th October 2016, based on a tip-off, police intercepted an Innova car near Ganpati Mandir in which four persons were present with dangerous weapons, planning to eliminate one Arun Hira Patil alias Gabari. The applicant was arrested and charged with conspiracy to commit murder and offences under MCOCA. The applicant filed a bail application under Section 21(4) of MCOCA, which imposes stringent conditions for bail. The court heard arguments from Mr. Abhaykumar Apte for the applicant and Mr. Yogesh Dabke, APP for the State. The court examined the charge-sheet and the affidavit filed by the Sub Divisional Police Officer opposing bail. The court noted that the only evidence against the applicant was the statement of a co-accused, which is inadmissible under Section 30 of the Evidence Act as it was not a confession made in judicial custody. The court also found that there was no material to show that the applicant was a member of an organised crime syndicate or that the alleged offence was committed in furtherance of organised crime. The court held that the prosecution failed to make out a prima facie case against the applicant, and therefore, the stringent conditions of Section 21(4) of MCOCA were not attracted. The court allowed the bail application and directed the applicant to be released on bail on furnishing a personal bond of Rs. 50,000 with one or two sureties, subject to conditions including not tampering with evidence and not leaving the country without court permission.
Headnote
A) Criminal Law - Bail under MCOCA - Section 21(4) of Maharashtra Control of Organised Crime Act, 1999 - Prima Facie Case - The court considered whether there was credible material to show the applicant's involvement in the conspiracy to commit murder and whether the offence fell within the definition of organised crime under MCOCA - Held that the prosecution failed to establish a prima facie case against the applicant, as the only evidence was the statement of a co-accused which was inadmissible under Section 30 of the Evidence Act, and there was no material to show the applicant was a member of an organised crime syndicate (Paras 5-10).
Issue of Consideration
Whether the applicant is entitled to bail under the stringent provisions of the Maharashtra Control of Organised Crime Act, 1999, given the absence of prima facie evidence linking him to the alleged conspiracy and organised crime.
Final Decision
Bail application allowed. The applicant shall be released on bail on furnishing a personal bond of Rs. 50,000 with one or two sureties in the like amount, subject to conditions including not tampering with evidence, not leaving the country without court permission, and attending trial regularly.
Law Points
- Bail under MCOCA
- Section 21(4) MCOCA
- Prima facie case
- Conspiracy
- Organised crime
- Section 120B IPC
- Section 115 IPC
- Section 302 IPC
- Arms Act
- Bombay Police Act
