Bank Can Adjust OTS Deposit on Borrower Default, No Cheating u/s 420 IPC: Delhi High Court
02 Mar 2026
Divij Kumar Quits CMS INDUSLAW for Independent Practice
03 Mar 2026
Global Lawyers Debate AI Liability in Autonomous Vehicles
03 Mar 2026
CCPA Fines Startup ₹8 Lakh for False Child Growth Claims
05 Mar 2026
Madras High Court Scoffs at Police Custody Injury Claim
05 Mar 2026
India's Criminal Investigations Face Systemic Conviction Crisis
05 Mar 2026
Kerala HC Slams TDB Financial Discipline in Ayyappa Conclave, Orders Auditor Report on Past Anomalies: High Court of Kerala
06 Mar 2026
ST Members Can Invoke Section 13B HMA If Hinduised By Customs: Chhattisgarh High Court
06 Mar 2026
Lease Cancellation Valid Even by 'In-Charge' Mining Officer Under OMMC Rules: Orissa High Court
06 Mar 2026
Back
Next 
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR
Krishna Shekar Shetty – Appellant
Versus
State of Maharashtra – Respondent
Headnote: Read headnote
JUDGMENT :
AMIT BORKAR, J.
1. By this bail application, filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant is seeking regular bail in connection with Crime Register No.750 of 2023 registered at Bandra Police Station, Mumbai. The offences alleged against the applicant are punishable under Sections 392 and 379 read with Section 3(4) of the INDIAN PENAL CODE , 1860, and also under Sections 3(1)(ii), 3(2), and 3(5) of the Maharashtra Control of Organised Crime Act, 1999 (hereinafter referred to as "MCOC Act").
2. As per the prosecution’s case, on 15th May 2023 at about 8:45 p.m., when the complainant was walking on the road while talking on his mobile phone, some persons came
The court ruled that the stringent standards for bail under the MCOC Act must be met, confirming that repeat offenders are disqualified from bail absent exceptional circumstances.
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 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 main legal point established is the court's discretion to grant bail despite statutory restrictions under the MCOC Act, based on the constitutional right to a speedy trial and the lack of direct ....
The court held that the evidence presented indicates substantial involvement of the applicant in a murder conspiracy linked to organized crime, justifying denial of bail under MCOCA.
The MCOC Act can be applied to individuals involved in organized crime based on their nexus with a crime syndicate, even if they are implicated in a single case, provided there is sufficient evidence....
Bail under the MCOC Act requires clear evidence of innocence; prior criminal history impacts bail considerations.
The court established that prolonged detention without trial, coupled with the complexities of the allegations involving co-accused complainants, can warrant the granting of bail under the Code of Cr....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
Listen Article