$~45 & 46

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

+

CRL.A. 358/2021

STATE

..... Appellant

Through:

Mr.Amit Chadha, APP for State.

versus

IBRAHIM TYAGI

..... Respondent

Through:

Mr.

Omkar

Sharma

and

Mr.

Ghanshyam Sharma, Advocates.

+

CRL.A. 359/2021

STATE

..... Appellant

Through:

Mr.Amit Chadha, APP for State.

versus

HAZI MANSOOR

..... Respondent

Through:

Mr.

Omkar

Sharma

and

Mr.

Ghanshyam Sharma, Advocates.

CORAM:

HON'BLE MR. JUSTICE TALWANT SINGH

Talwant Singh, J.:

1. The State has filed these appeals under Section 12 of The Maharashtra

Control of Organised Crime Act, 1999 (hereinafter referred to ‘MCOCA’)

read with Section 482 Cr.P.C. against the impugned order dated 25.11.2020

passed by learned Special Judge (MCOCA)-cum-ASJ. Since broad facts in

both the cases are same and the appeals are also on the same lines, so both

the matters have been taken up together for disposal.

1.1

The case of the petitioners is that regular bail was granted to both the

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002994

respondents/accused persons without they being in judicial custody and they

were directed to join investigation as and when required by the Investigating

Officer. The application filed before the learned Special Judge was neither

an application under Section 439 Cr.P.C. nor an application under Section

438 Cr.P.C. and the heading of the application stated that this was an

application for joining the investigation and grant of bail. There is no

provision under MCOCA for grant of anticipatory bail but the applications

were considered by learned ASJ treating them as anticipatory bail

applications. These applications were moved on 23.11.2020, the response

was filed on 25.11.2020 and on the same date, these applications were

disposed of by two separate detailed orders on identical grounds.

1.2

In brief the facts of the case are that an FIR No. 397/2019 was

registered under Section 3/4 of MCOCA at PS: Hari Nagar against Salman

Tyagi and his crime syndicate members. He had formed an interstate gang

for running an organised crime syndicate with an objective of gaining

pecuniary benefits for himself, his family members and his associates.

Accused Salman Tyagi was arrested on 03.10.2020 and subsequently other

members of the crime syndicate were also arrested. Confessional statements

of all the arrested accused persons were recorded under Section 18 of

MCOCA, where they admitted their different roles in running/participating

in the crimes syndicate of extortion of money by creating fear among public

persons with the use of illegal fire arms and they are also dealing in drugs/

contrabands.

1.3

Charge-sheet was filed against the arrested accused persons on

26.03.2020. Proceedings under Section 82 Cr.P.C. against accused Manish

Malhotra @ Sunny and Mohd. Faizal @ Bablu are stated to be under

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002994

process. Accused persons/respondents are stated to be involved in case FIR

No. 342/2012 dated 25.09.2012 under Sections 307/429/147/148/149/34 IPC

and Sections 25/27/54/59 of the Arms Act, in which accused Salman Tyagi

along with gang members and the present two respondents/accused were

arrested in the case for assaulting the complainant with an iron rod, sword

and for firing gun shots upon the complainant.

1.4

Accused respondent/Hazi Mansoor is also stated to be involved in

case FIR No. 338/2012 under Sections 308/323/34 IPC at PS Hari Nagar in

which accused Salman Tyagi, the present accused/respondent and other

accused persons had beaten the complainant so severely that he would have

died of the consequences of beating.

1.5

It is the further case of the petitioner that during investigation, some

of the immovable properties belonging to the accused persons were

identified. The said properties were identified by main accused Salman

Tyagi during h