1. Case Background and Charges

• Charges: Under IPC Sections 307, 325, 397, 341, Bombay Police Act Sections 135 and 37(1)(3), Arms Act Sections 1 and 3, and MCOC Act Sections 3(1)(ii), 3(2), 3(4).
• Allegations: Attempted robbery, grievous injury with a weapon, and connection to an organized crime syndicate.

2. Incident and Arrest

• Incident Date: 02.08.2018; FIR filed on 03.08.2018.
• Prosecution claims: Applicant used a knuckle fighter; another accused fired a gun.
• Conflicting statements: Initial witness implicates the applicant with a firearm, but a supplementary statement credits this to another accused.

3. Applicability of MCOC Act

• Prosecution Basis: Previous predicate offenses involving Accused No.1.
• Defense Argument: Predicate offenses were registered post-incident, making MCOC charges inapplicable.
• Legal Precedents Cited: SC decisions outlining requirements for invoking MCOC.

4. Evidence Discrepancies

• Recovery of Weapons: Gun not found with the applicant; knuckle fighter attributed to another accused.
• Witness Statements: Contradictory accounts regarding weapon use and applicant's actions.

5. Custodial Duration and Trial Progress

• Applicant in custody for 6 years, no charges framed.
• Court's Observations: Prosecution failed to show substantive progress, infringing on the applicant’s liberty rights.

Ratio Decidendi:

The court held that prolonged incarceration without trial and inconsistencies in evidence outweighed the prosecution's case for denying bail. The applicant's alleged involvement lacked sufficient prima facie proof to justify the stringent provisions of the MCOC Act.

Acts and Sections Discussed:

• Indian Penal Code (IPC): Sections 307, 325, 397, 341.
• Bombay Police Act: Sections 135, 37(1)(3).
• Arms Act: Sections 1 and 3.
• MCOC Act: Sections 3(1)(ii), 3(2), 3(4); Definitions in Sections 2(d), 2(e), and 2(f).
• Article 21, Constitution of India: Right to liberty and speedy justice.

Subjects:

Criminal Bail Application under MCOC Act.
Bail, MCOC Act, Right to Liberty, Prolonged Custody, Evidence Contradiction.