Neeraj Bawania Shooter Granted Bail
New Delhi: Delhi’s Session court granted bail to accused Narender @Yudhvir, a prime member of notorious Gangster Neeraj Bawania’s gang.
Narender was earlier booked in offences including murder, attempt to murder, extortion and jailed since March, 2020 while charges have not been framed so far.
Advocate Ravi Drall who appeared for the accused, facing trial under the stringent Maharashtra Control of Organised Crime Act (MCOCA), argued in his bail plea that accused has been falsely implicated in present case and there are no substantial evidences against him in the charge sheet to prove that he was a gang member of the syndicate further he was in custody since last year and due to the pandemic situation of COVID-19 there is no one to look after sickening mother, covid positive wife and minor daughter.
Advocate Ravi Drall further argued that mere abscondance of accused or pendency of cases doesn’t raise a presumption of accusation.
Their plea, however, was opposed by prosecutor Dharam Chand, who, appearing for the Delhi Police, said accused was involved in many cases other than MCOCA and there is apprehension that he may flee from process of law.
Considering all the facts and circumstances the accused was granted an interim bail by the court.
Reference: Neeraj Bawania Shooter
The Maharashtra Control of Organised Crime Act, 1999 (Mah. 30/1999) is a law enacted by the state of Maharashtra in India in 1999 to combat organised crime and terrorism. Known as ‘MCOCA‘, the Act provides the State Government with special powers to tackle these issues, including powers of surveillance, relaxed evidentiary standards and procedural safeguards, and prescribing additional criminal penalties, including the death penalty. The law was introduced by a coalition government of the Bharatiya Janata Party and Shiv Sena.
Legislative history and aim
MCOCA was enacted as an ordinance on 24 February 1999, and was subsequently ratified by the legislature, becoming law when it received the assent of the President of India in accordance with the procedure under Article 245 of the Constitution of India, which applies when a legislative subject is within both, state and federal powers. MCOCA was the first state legislation enacted to address organised crime in India. It replaced the temporary Maharashtra Control of Organised Crime Ordinance 1999.
The Statement of Object and Reasons that prefaces MCOCA identifies organised crime as a threat, linking it to terrorist activity and noting the economic impact of illegal wealth and black money on the state’s economy. The Statement of Objects and Reasons goes on to note, “the existing legal framework, i.e. the penal and procedural laws and the adjudicatory system, are found to be rather inadequate to curb or control the menace of organised crime. Government has, therefore, decided to enact a special law with stringent and deterrent provisions including in certain circumstances power to intercept wire, electronic or oral communication to control the menace of organised crime.”
MCOCA applies to the entire State of Maharashtra. The Home Ministry of the Government of India extended the applicability of MCOCA to the National Capital Territory of Delhi as well, by a notification dated 2 January 2002. MCOCA overrides all other Indian laws, and will prevail over any Indian law that conflicts with the provisions that MCOCA contains.
Establishment of special courts and prosecutors
Sections 5 to 8 of MCOCA provide for the establishment of special courts to try offences defined under the Act. Such courts can be established by the Maharashtra State Government by notification in the Official Gazette of the state, and are staffed by judges nominated by the State, in concurrence with the Chief Justice of the Bombay High Court. To qualify as a judge for a MCOCA Special Court, the judge must previously have served as a judge in a criminal trial court, known as a Sessions Court. MCOCA Special Courts have the jurisdiction to try cases concerning offences defined under MCOCA, but can also conduct trials for offences under any other laws, provided that the offences are connected to a MCOCA trial or discovered in the course of a MCOCA trial.
MCOCA further provides that each Special Court shall have a Special Public Prosecutor appointed to conduct trials, and that such prosecutors have the same powers as prosecutors appointed to conduct criminal trials under the Indian Code of Criminal Procedure, 1973. The minimum qualification for such prosecutors is at least ten years of practice as an advocate in India.
Trials in MCOCA courts take precedence over any other trial that persons accused of offences under this Act may be facing, and Special Courts can transfer cases out of their jurisdiction to trial courts if they find that the case is unrelated to MCOCA. Appeals from orders of MCOCA Special Courts are preferred directly to the state’s High Court and must be filed within 30 days of the order being appealed.
Advocate Ravi Drall has represented clients in cases related to Anticipatory, regular Bails, Acquittal, Revisions, Appeals, Writs, PIL’s in cases of MCOCA, Cheating, Fraud, Murder, Attempt to murder, Extortion, Dacoity, Sexual Offences, Suicide, Narcotic and Drugs, Revenue and Customs Criminal Cases, Economic Offences, Arms and Weapons, Matrimonial, Domestic Violence, Constitutional Law, Negligence, and have availed favourable decisions from the courts. It is always advisable to seek for the best professional legal advise in case of criminal law as it involves intricate complexities and a small fact lead to an acquittal.
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