Pune: The special MCOCA (Maharashtra Control of Organised Crime Act) court at Shivajinagar on Wednesday granted bail to an accused Akhtar Ismael Shaikh arrested by the Kondhwa police station for allegedly committing a body offence and being part of an organised crime syndicate.
According to the special public prosecutor PP Fargade, on October 8, 2021, there was a verbal quarrel between one Akram Pathan and Arbaz Shaikh in Kondhwa. It is alleged that on October 10, Akram along with Akhtar went to the house of Arbaz, called him out and assaulted him.
While Akram assaulted Arbaz with a knife causing injuries on his neck and hands, Akhtar gave Arbaz fist and kick blows. An FIR under Sections 307, 323, 504, 506, 143, 144, 147, 148, 149 of the IPC was registered and accused were arrested. The police claimed that there were criminal antecedents against Akram and thereby MCOCA was invoked.
Akhtar’s lawyers Hafizuddin Kazi and Sandhya Shinde submitted CCTV camera images of the accused and argued that at the time of the incident, the accused was in Camp area and sought bail. Kazi filed an affidavit of some friends of the applicant and photographs taken from the CCTV footage of the shop, situated in Camp, which is 4 to 5 km from the spot of the incident.
The order stated: “Membership of organised crime syndicate of the present applicant is doubtful. There are no criminal antecedents with him. The offence in the present case was not committed either to have unlawful gain or for any other purpose, which can be said to be an object of organised crime syndicate. There is a cross complaint also registered under Section 307 of IPC. Some of the members from the accused party had also sustained injuries. It appears that there is suppression of material facts on the side of the informant and the case appears to have arisen out of disputes or enmity between the two groups. Under the premise of above facts, the rider under Section 21(4) of the MCOC Act does not operate.”
{{/usCountry}}The order stated: “Membership of organised crime syndicate of the present applicant is doubtful. There are no criminal antecedents with him. The offence in the present case was not committed either to have unlawful gain or for any other purpose, which can be said to be an object of organised crime syndicate. There is a cross complaint also registered under Section 307 of IPC. Some of the members from the accused party had also sustained injuries. It appears that there is suppression of material facts on the side of the informant and the case appears to have arisen out of disputes or enmity between the two groups. Under the premise of above facts, the rider under Section 21(4) of the MCOC Act does not operate.”
{{/usCountry}}Special MCOCA Judge Satyanarayan R Navandar ordered the accused to be released on bail on a bond of Rs25,000.