MOHD WASI @ NADIM Vs. STATE

JUDGEMENT

(1.) This is an application for the grant of regular bail to the accused, Mohd. Wasi@ Nadim in FIR No. 11/2009 under Sections 3 (1) (II) and 3 (2) and 3(4) of Maharashtra Control of Organized Crime Act, 1999 (for short MCOCA) registered by PS: Lahori Gate, Delhi.

(2.) It may be pertinent to mention here that the charges against the petitioner for the aforesaid offences have been framed by a detailed order dated 12.3.2012 passed by the Additional Sessions Judge, Tis Hazari Courts, Delhi and the case is pending trial.

(3.) Briefly stated, the allegations against the present petitioners are that a proposal was moved by the SHO, PS: Lahori Gate, Delhi for registration of an FIR under MCOCA against one Mohd. Wasi, s/o Mohd. Sham, r/o 2510, Chhota Chaman Wara, Phatak Habas Khan, Tilak Bazar, Delhi and one Mohd. Shadab, the brother of Mohd. Wasi, living at the same address. The contents of the proposal were that Mohd. Shadab was a notorious burglar involved in as many as 24 cases of burglary, theft, hurt, Arms Act, NDPS Act and robbery and he is facing trial for all these heinous crimes. So far as Mohd. Wasi is concerned, he is the brother of Mohd. Shadab. They were allegedly running an Organised Crime Syndicate collectively along with other persons and were indulging in organized crimes singly or jointly by use of violence, threat of violence, intimidation, coercion and unlawful means with the object of gaining pecuniary benefits and or gaining undue economic as well as other advantage for himself. They were also promoting insurgency. On the basis of the aforesaid proposal, which was approved, an FIR under MCOCA was registered. So far as the present petitioner is concerned, he is stated to be involved in more than 29 cases, the details of which are given at page 9 of the status Report filed by the State.