MCOCA court starts process of recalling its bail order to 3 Ravi Pujari gang members
About a fortnight after granting bail to three alleged members of Ravi Pujari gang booked in two separate cases, the Maharashtra Control of Organised Crime Act (MCOCA) court has started the process for recalling its order after realising that it had not taken into consideration the provisions of MCOCA.
The special MCOCA judge RR Bhosale had granted bail to three alleged members of Ravi Pujari gang –Bipin Patil, Asif Abdul Sattar Khan and Sufiyan Dilshad Shaikh, who have been booked in separate cases.
Khan and Shaikh are booked in connection with firing at filmmaker Karim Morani and were granted bail on August 3 and August 17 respectively. Patil, charged for conspiring to attack a Dombivli based builder, was granted bail on August 18.
The three were granted bail primarily on the ground that they had already spent half of the maximum sentence prescribed for the offences for which they were booked. The court has now issued notices to defence and prosecution for recalling the order of granting bail to the trio and to take them in custody.
“It was later brought to the notice of the court that the accused are also booked under the stringent provisions of MCOCA and if found guilty for the charges, they can be sentenced to life imprisonment,” said Pradeep Gharat, a special public prosecutor in case of firing at Karim Morani.
The court had granted bail as per the provisions of section 436 –A of Criminal Procedure Code (CrPC). However, Gharat said as offences for which the accused are booked provides for punishment up to imprisonment of life, provisions of CrPC would not apply. “The court has now issued notice to all parties to initiate the process to take the accused in custody,” Gharat said.
The court while issuing the notice to both prosecution and defence, observed that the accused were granted bail on the ground that they each have undergone detention for half of the maximum imprisonment specified for the offences punishable under the Indian Penal Code only. “However, while passing that order, the statutory provisions of imprisonment for offences punishable under MCOCA were not dealt with,” said the notice issued by the court on Thursday, asking all parties to appear before it on next date of hearing.
The following day on Friday, the prosecution filed say in both the cases. Chief public prosecutor Jaisingh Desai, who appeared in Patil’s case and Gharat appeared in the second case. They argued that the court has the power to take accused in custody under CrPC.
The defence, however, objected to this and said the court cannot cancel the bail granted by it and recall its own order. The defence, however, sought time to file a detailed reply. The court has now scheduled the matter for further hearing next week.
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