Shahnawaz v. The State of NCT Delhi

TALWANT SINGH, J OCTOBER 13, 2022/pa

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* IN THE HIGH COURT OF DELHI AT NEW DELHI % Order pronounced on 13.10.2022 + BAIL APPLN. 943/2022 SHAHNAWAZ ..... Petitioner Through: Mr. Ravi Drall and Ms. Aditi Singh Advocates. versus THE STATE OF NCT DELHI .....Respondent Through: Mr. N.S.Bajwa, APP for State. CORAM: HON'BLE MR. JUSTICE TALWANT SINGH Talwant Singh, J.: 1. This is an application for bail in case FIR No.397/2019 under Section 3 and 4 of the Maharashtra Control of Organised Crime Act (MCOCA) registered at PS Hari Nagar. 1.1 The petitioner is stated to be in judicial custody since 05.05.2021. A Charge sheet in the main case and supplementary charge sheet qua the petitioner has already been filed. 1.2 It has been submitted on behalf of the petitioner that he is a law- abiding citizen of the country; stated to be 31 years old; residing with his wife and children. 1.3 The FIR was lodged on 13.08.2019 against the co-accused person, however, name of the present applicant is not mentioned anywhere in the FIR. Even in the confessional statement of the co-accused, the present petitioner has not been named. He is not involved in any organised crime. Even as per the prosecution, as mentioned in the charge sheet, there is no property in the name of the applicant and there is no electronic evidence to connect the present petitioner with the other co-accused. 2. It is stated that the petitioner is residing at a separate place, away from his brothers and family members. The wife of the applicant is an educated lady and she has been working in Hotel Radisson, Paschim Vihar, New Delhi. Even as per the allegations against him, he is stated to have deposited Rs.24 lacs in his bank accounts in the span of 7 years, meaning thereby that a sum of Rs.3.4 lacs was deposited every year which is not sufficient to invoke stringent provisions of MCOCA Act and there is no unaccountable wealth in the name of the applicant. 2.1 The petitioner is stated to be in possession of 4 properties. In the list of all cases submitted by IO along with the charge sheet, detailing the crimes committed by the crime syndicate, name of the applicant and cases pending against him have not been enumerated. No offence has been committed by the petitioner with the object of gaining pecuniary benefits or undue economic or other advantage and as such, the cases are not covered under the provisions of MCOCA. 2.2 It has been further submitted that the list contained 5 cases, out of which there is no such FIR against the petitioner bearing No.642/2006 registered at PS Hari Nagar. He has been named as a co-accused in FIR No.686/2014 under Section 307/34 IPC, registered at PS Hari Nagar but the said case was not related to any organised crime, rather it was a case of road rage. Another case being FIR No.338/2012 registered at PS Hari Nagar under Section 308/323/34 IPC also does not relate to any organised crime, rather it was a case of road rage. 2.3 FIR No.338/2012 registered at PS Hari Nagar under Section 308/323/34 IPC covers a dispute of personal nature, not pertaining to any organised crime. The petitioner has been arrested in the present case after his false arrest with a weapon in case FIR No.177/2021, registered at PS Hari Nagar under Section 25 of the Arms Act. The accused/applicant is on bail in other matters where he has been falsely implicated. The gravity alone cannot be a ground to deny bail. 2.4 The petitioner has not violated the law of the land. The earlier bail application filed by the present petitioner was dismissed by the learned ASJ on 28.01.2022. 3. Notice was issued. 4. Nominal Roll has been called which shows that as on 16.08.2022, the petitioner has undergone custody of 1 year, 3 months and 12 days. The State has filed brief synopsis along with citations. Similarly, the petitioner has relied on the judgement titled as 'Sherbahadur Akram Khan and Others v. State of Maharashtra 2006 SCC Online Bom 1695'. 5. In brief synopsis on behalf of the State, it has been stated that the sanction order und