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Synopsis

While observing that there was no medical emergency in family, a Delhi Court on Wednesday rejected the interim bail plea of an alleged member of the notorious Nasir gang, who was charged under the Maharashtra Control of Organised Crime Act (MCOCA).

Court was hearing the two-month interim bail plea of accused Saddam Malik, who was arrested by the Delhi Police's crime branch for his alleged role in being part of an organised crime syndicate led by Gangster Abdul Nasir.

Malik sought interim bail of two-months on the ground of medical condition of his wife.

Additional Sessions Judge (ASJ) Amitabh Rawat of Karkardooma Court said, “Considering the seriousness of the offence with which the accused is charged with…and the fact that as per the doctor's report, there appears to be no medical emergency in the family, I am not inclined to allow the present interim bail application”.

The judge noted that Malik was earlier declared a proclaimed offender vide order dated March 17, 2021 and was arrested later on by the Anti-Auto Theft Squad (AATS) of Delhi Police.

To be noted, one Pistol and 5 bullets were recovered from his possession and thus a case FIR was registered under Section 25 Arms Act at PS Jafrabad. Thereafter, a production warrant was issued against Malik from the Court in the present case and he was formally arrested in the case on April 8, 2021.

The Investigating Officer (IO) also filed a reply to the bail plea, saying that the crime syndicate headed by accused Abdul Nasir was among the “most notorious gangs” and besides being “very active” in North-East Delhi and it was “expanding widely” in different parts of Delhi, including the trans-Yamuna area.

“This crime syndicate is involved in many heinous cases …The intensity of the commission of the crime of this syndicate can well be comprehended by the fact that this crime syndicate did not give any second thought before opening fire in a courtroom in Delhi while court proceedings were going on,” the IO said.

Further, the counsel for State contended, “The interim bail application of the applicant/ accused Saddam Malik is strongly opposed as there are high chances that he may jump the interim bail (as other accused Rashid @ Cable wala in present case has already done), influence/threaten the witnesses, facilitate the absconding accused persons and hamper the investigation of the case; if granted interim bail”.

The judge also took note of a verified report from the Institute of Human Behaviour and Allied Sciences, according to which Malik’s wife had been discharged after providing treatment on Tuesday i.e. September 26 and she had been asked to visit for follow-up after two weeks.

The ASJ also emphasised that Malik had three brothers, who could take responsibility for the family.

Case Title: State v. Abdul Nasir & Ors.