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Bombay High Court Grants Bail in MCOCA Case: “Contradictions in Witness Statements and Six-Year Incarceration Violate Article 21”; Questions Validity of MCOCA Invocation

Bombay High Court Grants Bail in MCOCA Case: "Contradictions in Witness Statements and Six-Year Incarceration Violate Article 21"; Questions Validity of MCOCA Invocation

Bombay High Court Grants Bail in MCOCA Case: "Contradictions in Witness Statements and Six-Year Incarceration Violate Article 21"; Questions Validity of MCOCA Invocation

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Court’s Decision

The Bombay High Court granted bail to the accused in a case under the Maharashtra Control of Organized Crime Act (MCOCA), citing contradictions in witness statements and excessive pre-trial incarceration. The court observed that the accused had been in custody for over six years without trial progress and that the predicate offense necessary for invoking MCOCA was registered much later than the primary offense, making its application questionable. The court ruled that continued incarceration without progress in the case violated Article 21 of the Constitution, which guarantees the right to a speedy trial.


Facts of the Case

The prosecution invoked MCOCA, alleging that Accused No.2 was part of an organized crime syndicate led by Accused No.1, who was involved in multiple offenses.


Issues Raised Before the Court

  1. Does the prolonged incarceration of the accused without trial progress violate his fundamental right to a speedy trial under Article 21 of the Constitution?
  2. Do contradictions in witness statements undermine the prosecution’s case?
  3. Is MCOCA applicable when the predicate offense was registered much later than the current offense?
  4. Was the accused’s connection to an organized crime syndicate sufficiently established to justify the invocation of MCOCA?

Petitioner’s (Accused’s) Arguments

The counsel for the accused presented the following arguments:

1. Prolonged Incarceration Violates Article 21

2. Inconsistencies in Witness Statements

3. No Recovery of Firearm from Accused No.2

4. Predicate Offense Was Registered After the Present Case

5. No Established Link to an Organized Crime Syndicate

6. Parity with Co-Accused


Respondent’s (Prosecution’s) Arguments

The prosecution strongly opposed the bail application and presented the following arguments:

1. Clear Nexus with Organized Crime Syndicate

2. MCOCA Invocation Was Justified

3. Confessional Statement Under MCOCA

4. Prior Offenses in Uttar Pradesh


Analysis of the Law

1. MCOCA Requirements

For MCOCA to apply, the following conditions must be met:

  1. The accused must be part of an organized crime syndicate.
  2. There must be at least two prior charge sheets in the last ten years for offenses punishable with three years or more.
  3. The offense must be continuing unlawful activity.

2. Relevant Judicial Precedents

The accused relied on several Supreme Court and High Court decisions:

The prosecution relied on:


Court’s Reasoning


Conclusion

The court granted bail, holding that:

  1. The prosecution failed to establish a prima facie case under MCOCA.
  2. The contradictions in statements and lack of direct evidence weakened the case.
  3. The accused had been in long incarceration without trial.
  4. Bail was granted with strict conditions.

Implications

This judgment ensures that MCOCA is not misused to indefinitely detain accused individuals without strong evidence.

Also Read – Supreme Court Examines Maintenance Rights in Void Marriages: “Relief Under Section 25 of the Hindu Marriage Act is Always Discretionary and Case-Specific”

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