Single-judge Justice Madhav Jamdar noted that the accused Dipak Mali has been in custody since June 5, 2021 and also that the charge sheet in this case of chain-snatching was filed on August 13, 2021.
“There is no progress in the trial and even the charges are also not framed yet. As per the chargesheet, there are 47 witnesses proposed to be examined by the prosecution. The trial is unlikely to conclude anytime soon and is likely to take a considerably long time,” the judge noted.
The Court dealt with the specific submission of the prosecution that the stringent MCOCA has been invoked against the applicant, the rigors of section 21 (4) of the Act will apply in the instant case as there are nearly 24 cases against him.
Notably, Section 21(4) of MCOCA, mandates a court to record a finding that there are reasonable grounds for believing that the accused is guilty or not guilty of the alleged offence and can likely commit or not similar offences while on bail.
Taking note of the facts, Justice Jamdar said, “Although the provisions of the MCOCA have been invoked, all offences are of chain-snatching and therefore, primary facie the rigours of section 21(4) of the Act, will not apply,” the judge held.
As there are 24 antecedents of chain-snatching registered with various police stations in Pune district, the applicant has submitted that he would not reside in Pune and would rather shift to Ahmednagar, the Court noted in its order.
The single-judge, therefore, granted bail to the applicant on a surety of ₹50,000.
Source: Barandbench
