Delhi HC directs trial court to consider plea against bail to accused arrested in MCOCA
Aug 13, 2022
New Delhi [India], August 13 : The Delhi High Court recently directed the trial court to consider the plea of the Delhi Police against the bail granted to the accused in the extortion case. Later on, the accused were arrested in the Maharashtra Control of Organised Crime Act (MCOCA).
Justice Talwant Singh allowed the plea moved by the Delhi police challenging the bail granted on November 25, 2020, and directed the trial court to consider the application for cancellation of bail of Ibrahim Tyagi and Hazi Mansoor.
The bench said, " The impugned order is dated 25 November 2020 and FIR bearing No. 424/2021, Police Station Hari Nagar, was registered only on July 30, 2021. This gives cause of action to the State to approach the Court of learned Special Judge, MCOCA for re-considering the orders dated 25.11.2020 for cancellation of bail.
The bench also said, "In view of the above, an opportunity is granted to the State to approach the court of learned Special Judge, MCOCA in terms of the liberty granted in the last paragraphs of orders dated 25.11.2020 and move applications for cancellation of bails in both the cases."
The high court ordered, " In case, any such applications are moved by State, the present respondents shall have a right to file their response and the learned Special Judge shall dispose of the said application on merits after hearing both the parties."
The State shall approach the learned Trial Judge within four weeks from the date of this order, the high court said in the order passed on August 5, 2022.
The State (Delhi Police) has filed these appeals under Section 12 of 'MCOCA' read with Section 482 Cr.P.C. against the impugned order dated 25.11.2020 passed by learned Special Judge (MCOCA)-cum-ASJ, Tees Hazari Court.
The accused in the case Salman Tyagi had managed to fire in the house of complainant Bhoomi demanding Rs 15 lakh extortion money.
