Delhi court rejects bail plea of accused in MCOCA case, issues: A practical reader guide

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New Delhi, A Delhi court has dismissed the regular bail plea of an alleged member of the Gogi gang, in a case under the stringent Maharashtra Control of Organised Crime Act .

Jitender alias Gogi was shot dead inside the Rohini court complex in September 2021. Additional Sessions Judge Gagandeep Singh, in an order passed on Thursday, noted that Mann had been in judicial custody since December 9, 2019, in the case registered in 2018 at Alipur police station and investigated by the Delhi Police Special Cell. The judge noted that a supplementary chargesheet had been filed against Mann under Sections 3 and 4 of the MCOCA.

The court also issued show-cause notices to the wife of the accused Kapil Mann alias Kallu and the Delhi Police for “remaining conspicuously silent” regarding dismissal of an earlier regular bail application. “The order of the charge dated January 31, 2023, records the finding that there has been sufficient material on record to frame charges against all the accused persons, including the applicant ,” the court said. Rejecting the accused’s argument on not being involved in prior cases, the court said the requirement of previous involvement in cognisable offences under the Act applies to the organised crime syndicate as a whole and not to each member individually.

On the aspect of delay, the court acknowledged that the trial had been slow, attributing it to further investigation continuing until July 2023.