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M. S. KARNIK
Vivek Chandrakant Manjrekar – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT/ORDER
1. My attention is invited to the order dated January 2, 2023 passed by the Hon'ble Supreme Court in the case of Vivek Chandrakant Manjrekar vs. The State of Maharashtra[ SLP (Crl.) No.12166/2022]. The order reads thus:- Having heard learned counsel for the petitioner, we see no reason to intervene at this juncture. However, taking note that the bail application filed by the petitioner has been repeatedly adjourned by the High Court and we have been told that it is now listed on 24/1/2023, we request the High Court to consider and dispose of the bail application in accordance with law on the said date since as already noted the application has been pending for quite some time. The Special Leave Petition is disposed of. Pending application (s) shall stand disposed of."
2. Accordingly, I have taken up Criminal Bail Application No.868/2022 for consideration and disposal. The other bail applications to stand de-tagged as request for adjournment is made in those matters.
3. The applicant-Vivek Chandrakant Manjrekar seeks bail in respect of C.R.No.63/2021 registered with DCB-CID, UnitXI for the offences punishable under Ss. 307, 326, 324, 504, 506(ii), 120-B, 143, 144, 147, 1
The court affirmed that involvement in an organized crime syndicate justifies stringent bail denials, emphasized by the presence of multiple charges and confessions from co-accused.
The main legal point established in the judgment is the need to strictly construe the provisions of MCOCA, establish the mens rea, and consider the length of the period spent in custody and the unlik....
The court ruled that the applicant's involvement in organized crime and conspiracy to commit murder, supported by substantial evidence, justified the rejection of bail under the MCOC Act.
The main legal point established is the requirement to establish a prima facie nexus between past crimes and the present crime to invoke the Maharashtra Control of Organised Crime Act.
The court's decision emphasized the interpretation of MCOCA provisions and the satisfaction of bail conditions under Section 21(4) of MCOCA.
The M.C.O.C. Act can be applied to individuals as members of an organized crime syndicate based on their involvement in organized crime, regardless of their individual charge history.
Unlawful activity - If a person may or may not have any direct role to play as regards commission of an organized crime, if a nexus either with an accused who is a member of an “organized crime syndi....
(1) Offence under MCOCA must comprise continuing unlawful activity relating to organized crime undertaken by an individual singly or jointly, either as a member of organized crime syndicate or on beh....
(1) Commission of organised crime – There should be agreement between persons who are alleged to conspire doing of an illegal act by illegal means and which by itself may not be illegal.(2) In a crim....
Insufficient prima facie evidence to link the applicant to organized crime syndicate warrants bail under MCOCA's stringent conditions.
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