Bombay HC: MCOCA Trial Cannot Stall Other Cases; Grants Bail To Murder Accused After 5 Years In Jail

Mumbai: The Nagpur bench of the Bombay High Court has held that the mere pendency of a trial under the Maharashtra Control of Organised Crime Act, 1999 (MCOCA) cannot be a reason to indefinitely stall other trials, and prolonged incarceration without progress amounts to violation of the fundamental right to a speedy trial under Article 21 of the Constitution.

Murder Accused Seeks Bail After Years in Custody

Justice Urmila Joshi-Phalke was hearing an appeal by Zulferkar alias Chotu, accused in a 2012 murder case under the IPC, Arms Act, SC/ST (Prevention of Atrocities) Act, and Bombay Police Act. His bail had been cancelled in 2020 for breaching conditions, and he has since remained in custody. He approached the HC after the Gondia Sessions Court refused him bail, even though no witness had been examined during nearly five years of his incarceration.

Prosecution Cites Pending MCOCA Trial

The prosecution opposed bail, citing his alleged role in the murder, his past abscondence, and a pending MCOCA trial against him, which was said to have precedence under Section 10 of the Act and thus delayed the present case.

Court Clarifies Section 10 of MCOCA

Rejecting this contention, the Court clarified the scope of Section 10: “… It is thus apparent that Section 10 would come into play … only in the event of the trial of an offence under the MCOC having commenced. If the trial has not yet commenced, there would be no question of Section 10 coming into play.”

MCOCA Case Already at ‘Fag End’

The Court further noted that the MCOCA trial against the appellant was already at the “fag end” and only final submissions remained. Therefore, there was “no reason for the trial to keep this case in abeyance.”

Right to Speedy Trial Prevails

Holding that continued detention without trial amounted to denial of the right to a speedy trial, the bench observed: “The appellant cannot be kept behind bars for an indefinite period and on that ground itself the appeal of the present appellant deserves to be allowed.”

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Bail Granted with Conditions

The HC set aside the Sessions Court’s February 2025 order and directed Zulferkar’s release on a personal bond of Rs 50,000 with one solvent surety. He has been restrained from entering Gondia district, except for attending court proceedings, and warned not to influence witnesses “either physically or through electronic media.”