Case Note & Summary
The applicant, Pradeep s/o Gyanchand Raisoni, filed an application for regular bail under the Maharashtra Control of Organised Crime Act, 1999 (MCOCA). He was arrested in connection with a crime registered at Bhadgaon Police Station, District Jalgaon, and had been in police custody for 11 days and thereafter in judicial custody. Earlier bail applications filed before the charge sheet were rejected by the Trial Court and by this court. After the charge sheet was filed, the applicant filed a fresh bail application, which was rejected by the learned Sessions Judge, Jalgaon, by order dated 16.6.2012 in Special Case No. 4 of 2012. The present application was opposed by the State and also by Shri Narendra Bhaskarrao Patil, who claimed to be a whistle blower. The court considered the submissions and noted that the applicant had been in custody for a considerable period. The court observed that the prosecution had not placed satisfactory material to show that the applicant was a member of an organised crime syndicate or that he had reason to believe that his acts would promote organised crime. The court held that the twin conditions under Section 21(4) of MCOCA were not satisfied and that the applicant was entitled to bail. The court granted bail on certain conditions, including that the applicant shall not tamper with evidence or influence witnesses and shall appear before the trial court as directed.
Headnote
A) Criminal Law - Bail - MCOCA - Section 21(4) MCOCA - Regular Bail - Applicant was in custody for 11 days police custody and thereafter judicial custody - Earlier bail applications rejected - After charge sheet, fresh bail application rejected by Sessions Judge - High Court granted bail considering that no satisfactory material was placed to show that applicant is a member of organised crime syndicate or that he had reason to believe that his acts would promote organised crime - Held that the twin conditions under Section 21(4) MCOCA are not satisfied and applicant is entitled to bail (Paras 1-10).
Issue of Consideration
Whether the applicant is entitled to regular bail under the Maharashtra Control of Organised Crime Act, 1999 (MCOCA) when the charge sheet has been filed and the applicant has been in custody for a considerable period.
Final Decision
Application allowed. Applicant directed to be released on bail on executing a personal bond of Rs. 50,000 with one surety of like amount. Conditions: applicant shall not tamper with evidence or influence witnesses, shall appear before trial court as directed, and shall not commit any offence while on bail.
Law Points
- Bail
- MCOCA
- Section 21(4) MCOCA
- Section 437 CrPC
- Section 439 CrPC
- Conditions for bail under MCOCA
- Prima facie case
- Twin conditions
- Whistle blower
- Right to speedy trial
Case Details
2012 LawText (BOM) (08) 27
Criminal Application No. 2735 of 2012
Shri P.M. Shah, Senior Advocate with Shri N.B. Suryawanshi for applicant; Shri P.P. Chavan, Spl.P.P. for respondent; Shri S.B. Talekar to assist P.P.
Pradeep s/o Gyanchand Raisoni
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Nature of Litigation
Application for regular bail under MCOCA
Remedy Sought
Applicant sought regular bail from the High Court after rejection by Sessions Court
Filing Reason
Applicant was arrested in connection with a crime under MCOCA and had been in custody for a considerable period
Previous Decisions
Earlier bail applications before charge sheet were rejected by Trial Court and High Court; after charge sheet, bail application rejected by Sessions Judge on 16.6.2012
Issues
Whether the applicant is entitled to regular bail under MCOCA after filing of charge sheet
Whether the twin conditions under Section 21(4) MCOCA are satisfied
Submissions/Arguments
Applicant argued that he has been in custody for a considerable period and that there is no satisfactory material to show he is a member of an organised crime syndicate
State opposed bail on grounds of seriousness of offence under MCOCA
Whistle blower opposed bail claiming applicant is involved in organised crime
Ratio Decidendi
For grant of bail under Section 21(4) of MCOCA, the court must be satisfied that there are reasonable grounds for believing that the accused is not guilty of such offence and that he is not likely to commit any offence while on bail. In this case, the prosecution failed to place satisfactory material to show that the applicant was a member of an organised crime syndicate or that he had reason to believe that his acts would promote organised crime. Hence, the twin conditions were not satisfied and bail was granted.
Judgment Excerpts
This is an application for regular bail.
The applicant was in police custody for 11 days and since thereafter he is in judicial custody.
After filing of the charge sheet, the applicant had filed fresh application for bail. It was rejected by the learned Sessions Judge, Jalgaon by order passed below Exh. 29 in Special Case No. 4 of 2012 by order dated 16.6.2012.
Present application for bail is opposed by the State. It is also opposed by Shri Narendra Bhaskarrao Patil, who claims to be a whistle blower.
Procedural History
Applicant was arrested and was in police custody for 11 days and then judicial custody. Earlier bail applications before charge sheet were rejected by Trial Court and High Court. After charge sheet, fresh bail application was rejected by Sessions Judge on 16.6.2012. Present application filed before High Court.
Acts & Sections
- Maharashtra Control of Organised Crime Act, 1999 (MCOCA): 21(4)
- Code of Criminal Procedure, 1973 (CrPC): 437, 439
