Right to Speedy Trial Remains Intact Even Under MCOCA: Delhi HC

The Delhi High Court recently granted bail to an alleged gang member, saying that the right to a speedy trial cannot be whittled down just because the case falls under MCOCA.

A bench led by Justice Sanjeev Narula acknowledged that MCOCA has strict bail conditions; however, it held that these provisions must be balanced with the fundamental right to personal liberty of the accused.

Court was hearing a regular bail plea filed by the accused under Sections 3(1), 3(4), and 3(5) of the Maharashtra Control of Organised Crime Act, 1999 (MCOCA), which is concerned with commission of an organised crime.

Reliance was placed on the Supreme Court's judgment in Mohd. Muslim v. State (NCT of Delhi), wherein the court, while dealing with Section 37 of the NDPS Act which imposes strict bail conditions, said that protracted incarceration as an undertrial, even in cases involving serious offences, must weigh heavily in favour of granting bail, particularly when such delay is not attributable to the accused.

The case at hand was registered against the accused, Jitender Dixit, an associate of Manoj Morkheri, who is part of a structured and well-organised criminal syndicate operating primarily in Delhi-NCR and adjoining states.

It has been stated that the syndicate involved a series of grave offences, including murder, kidnapping for ransom, extortion, robbery, and attempt to murder, committed through acts of violence for pecuniary benefits.

During the hearing, Advocate Tarun Gahlot, appearing for the accused, contended that the applicant had been in custody for almost 9 years and that there was a delay in the trial.

He argued that there was a lack of evidence in the case and that the twin conditions under MCOCA had not been satisfied. He further sought parity with other accused who had been granted bail in the present case on the grounds of prolonged incarceration and delay in trial.

Opposing the bail, APP Mukesh Kumar, appearing for the State argued that the applicant's background clealy establishes the fact that he is a hardcore criminal. He added that there exists a strong apprehension that if granted bail, he may attempt to destroy or obstruct evidence, thereby justifying his continued detention.

The APP argued that the allegations against the accused are of a serious nature, and that he is a prominent member of the “Morkheri Gang”. He added that the accused has been implicated in multiple criminal activities, including kidnapping for ransom and murder, across Delhi.

The court, after considering the principle of parity and the more favourable circumstances, granted bail to the applicant.

"Accordingly, it is directed that the Applicant shall be released on regular bail," the court directed

Case Title: JITENDER DIXIT VERSUS THE STATE (NCT OF DELHI)