Court Finds Lack of Prima Facie Evidence Linking Accused to Organized Crime Syndicate, Imposes Stringent Bail Conditions
In a significant development, the Bombay High Court has granted bail to Akashdeep Karaj Singh, an accused in a high-profile case under the Maharashtra Control of Organised Crime Act (MCOCA), 1999. The case involves the murder of Ziauddin Abdul Rahim Siddiqui, a former Maharashtra minister. The decision was delivered by Dr. Neela Gokhale, J., who found insufficient evidence to connect Singh to the organized crime syndicate allegedly led by Anmol Bishnoi.
During the investigation, the prosecution claimed that Singh was a member of the crime syndicate, citing two calls made to co-accused Sujit Singh and international calls to Canada. However, the court noted that there was no substantial evidence to prove that these calls were related to criminal activities. The court emphasized that mere phone calls, without further evidence, do not establish Singh's involvement with the syndicate.
Confessional statements from co-accused did not implicate Singh, and the court stressed the absence of his name in any detailed accounts of criminal activities. Furthermore, although a photograph of Singh with firearms was found, it did not connect him to the crime as the weapons used in the murder were sourced from Rajasthan.
The court pointed out the stringent conditions under Section 21(4) of MCOCA, which require reasonable grounds to believe an accused is not guilty and unlikely to commit further offenses while on bail. After evaluating the evidence, the court concluded that the prosecution's case against Singh was not sufficiently strong to deny bail.
Singh's bail comes with several conditions, including reporting to authorities, restrictions on travel, and a prohibition on tampering with evidence. The court underscored that these measures are necessary to ensure compliance and prevent interference with trial proceedings.
This ruling highlights the judiciary's role in balancing the stringent requirements of special statutes like MCOCA with the rights of the accused, particularly when evidence is not compelling. The decision is expected to have implications for similar cases under MCOCA, emphasizing the need for substantial evidence in accusations involving organized crime.
Bottom Line:
Bail granted under MCOCA considering absence of prima facie evidence connecting the accused with the organized crime syndicate and stringent bail conditions imposed.
Statutory provision(s):
- Maharashtra Control of Organised Crime Act (MCOCA), 1999 Section 21(4)
- Bharatiya Nyaya Sanhita, 2023 Sections 103(1), 109, 125, 3(5)
- Arms Act, 1959 Sections 3, 5, 25, 27
- Maharashtra Police Act, 1951 Sections 37, 135
Akashdeep Karaj Singh v. State of Maharashtra, (Bombay) : Law Finder Doc id # 2850841
