WASI ALIAS 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.) THE learned counsel has vehemently prayed for the grant of bail to the petitioner on the ground that most of the cases Bail Appn. 1757/2011 Page 2 of 5 against the petitioner, Mohd. Wasi are for the offences of theft and burglary, which cannot be said to be constituting any threat to the peace and tranquility in the locality and, therefore, the petitioner is entitled to the benefit of the grant of bail. It was the case of the petitioner that the aforesaid alleged activities of the petitioners were not causing any undue disturbance, even if it is assumed to be correct, to the public at large. It has been stated since the petitioner has not been in custody for more than two years and he is married and having a family, comprising of his wife and the two minor children and two minor brothers and sister-in-law, therefore, the petitioner be enlarged on bail. It has been further stated that there is no allegation against the petitioner that he will flee away from the processes of law.