Mumbai, July 5, 2022 – MD. Saif Iftikar Shaikh, a 20-year-old technician, has been granted bail by the Sessions Court in Mumbai. This decision follows the dropping of charges under the Maharashtra Control of Organised Crime Act (MCOCA) and a subsequent court order directing the police to file a regular charge sheet under the Indian Penal Code (IPC).
Background
Shaikh was initially arrested on May 1, 2021, in connection with Crime No. 197/2021, registered at Byculla Police Station. He was granted bail on May 10, 2021, by the Metropolitan Magistrate Court and was complying with the bail conditions by regularly attending the police station for eight months.
Subsequently, the prosecution decided to invoke charges under MCOCA against Shaikh and other accused, leading to his re-arrest. However, the Deputy Commissioner of Police refused to sanction the prosecution under MCOCA.
On May 30, 2022, Additional Sessions Court bearing No. 55 directed the police to file a regular charge sheet against all accused before the Metropolitan Magistrate Court for the offenses under the IPC, for which Shaikh had initially been granted bail.
Shaikh’s Defense and Arguments
Mr. Pradeep Sawant, representing Shaikh, argued that since the MCOCA charges were dropped and the Sessions Court had directed the police to file a regular charge sheet under the IPC, Shaikh was entitled to be released on bail as per the earlier order of the Metropolitan Magistrate dated May 10, 2021.
Prosecution’s Position
Mrs. Raykar, the Additional Public Prosecutor (APP), represented the State but did not present any specific objections to the bail application in the provided document.
Court’s Observations and Decision
Additional Sessions Judge Shri M.S. Kulkarni considered the submissions and the court orders. The court noted that the Sessions Court had held that the offenses leveled against Shaikh fell under the IPC and were triable by the Magistrate Court.
“Once the Sessions Court has held that all offences leveled against the applicant/accused falling under I.P.C are triable by the Magistrate Court the accused is entitled for the bail as directed by Ld. Magistrate by his earlier order dtd. 10.05.2021,” Judge Kulkarni stated in the order.
The court concluded that Shaikh was entitled to bail as per the earlier order of the Magistrate Court.
Bail Conditions
Shaikh was granted bail on a personal bond and surety bond of Rs. 15,000 each. The court imposed the following conditions:
- Shaikh can furnish a provisional cash security of Rs. 15,000 and furnish a regular surety within eight weeks.
- The bail process will be completed before the lower court.
Key Points
- MCOCA Dropped: The dropping of MCOCA charges was the primary reason for the re-evaluation of Shaikh’s bail.
- Sessions Court Order: The Sessions Court’s direction to file a regular charge sheet under the IPC was crucial in the decision to grant bail.
- Original Bail Order: The court reinstated the original bail order of the Magistrate Court.
- IPC Offenses: The court emphasized that the offenses were now considered under the IPC, which are triable by the Magistrate Court.