SC upholds HC order denying bail to ex-MLA in MCOCA case

The Supreme Court today upheld the decision of the Delhi High Court denying statutory bail to a former MLA who was arrested in December 2016 for offences under the stringent MCOCA.
A bench headed by Chief Justice Dipak Misra said that there was "no infirmity" in the high court order as the Delhi Police had already filed a plea before the trial court seeking extension of time beyond the statutory period of 90 days for filing the charge sheet against former city MLA Rambeer Shokeen.
Shokeen, who was booked under the Maharashtra Control of Organised Crime Act (MCOCA) for allegedly running a crime syndicate in Delhi and adjoining states along with others, had alleged that he was entitled for grant of statutory bail as the police had sought extension of time for filing the charge sheet after the expiry of 90-day period.

"We find no infirmity in the said approach of the high court. Having extended the time till March 8, 2017 and as the charge sheet was already filed on that date, the question of considering the prayer for grant of statutory bail of the appellant vide application dated March 2, 2017, on the ground of default, did not survive for further consideration," the bench, also comprising justices A M Khanwilkar and D Y Chandrachud, said.
The top court, however, said thatrejectionofthe prayerforgrantof statutory bailwouldnotcomeintheway of Shokeen pursuinghisremedyforgrantofregularbail.
The ex-MLA had challenged certain orders passed by two special courts contending that his judicial custody beyond February last was illegal.

Shokeen had contended that he was entitled to be released on bail due to the delay on the part of the investigating agency in completing the probe and filing its charge sheet within the statutory period.