DIGVIJAY SAROHA Vs. STATE

JUDGEMENT

(1.) The Petitioner herein, Digvijay Saroha has preferred the present bail application seeking regular bail under section 439 of the Code of Criminal Procedure (Cr.P.C) read with Section 12 & 21(4) of Maharashtra Control of Organised Crime Act, 1999 (MCOCA) in case FIR No. 252/2018, P.S. Alipur under sections 3 & 4 of MCOCA titled State v. Digvijay Saroha & Ors. pending adjudication before Ld. ASJ-03, Patiala House Courts, New Delhi.

(2.) Ld. Counsel for the petitioner has prayed for bail on the ground that the petitioner who is facing trial under section 3 and 4 of MCOC Act and has been in judicial custody since 24.06.2018. He had filed an application seeking bail before Ld. Trial Court and vide order dated 07.06.2019, the Ld. Trial Court has dismissed the bail application. Learned counsel for the petitioner has submitted that allegations against the petitioner are totally false and frivolous. He is shown to be a member of the Jitender @ Gogi Syndicate. Whereas he is an accused only in one FIR bearing no. 401/14, u/s. 307/34 IPC, PS Alipur and on the basis of the said FIR, the prosecution is claiming him to be a member of the Jitender @ Gogi syndicate. Minimum two FIRs are required to have been registered against the petitioner to invoke MCOCA. Ld. Trial Court has failed to appreciate the fact that essential ingredients of Sec. 2(d) of MCOCA are not made out. It is further argued that even requirement of Section 23 (1) (a) of the MCOC Act was not complied with as no document was sent to the Competent Authority while seeking approval under the said Act.

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