Headline
The Supreme Court of India ruled that bail given under MCOCA must fulfill strict Conditions.
Summary
The Supreme Court of India stated that bail to accused under the Maharashtra Control of Organized Crime Act (MCOCA) must fulfill the strict conditions provided under Section 21(4) and cannot be given based on the sufficiency of evidence.
Key Facts
- Case Name: Jayshree Kanabar v. State of Maharashtra & Ors.
- Judges Name: Justice CT Ravikumar and Justice Sanjay Karol.
- The High Court granted bail without sticking to Section 21(4) of Maharashtra Control of Organized Crime Act (MCOCA), which needs evidence that the accused is not guilty and unlikely to reoffend.
- The Supreme Court stresses that the assessment of the High Court of evidence was beyond its remit.
Legal Insights
MCOCA imposes strict conditions for bail, needing courts to focus mainly on statutory compliance. Bail given on evidentiary grounds or sufficiency violates this structure.
Impact
The decision of the Supreme Court makes sure of judicial adherence to MCOCA’s strict bail provisions, reinforcing legislative intent.
Why It Matters
This judgment upholds the special law’s strict requirement, protecting against misuse while respecting constitutional principles.
Source
