Supreme Court Sets Aside Bail Of MCOCA Accused: Grant Of Bail Must Be Subject To Embargo In Special Enactments

The bench comprising of Justice CT Ravikumar and Justice Sanjay Karol was hearing the present matter.

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The Supreme Court in the case Jayshree Kanabar Versus State of Maharashtra & Ors observed and has held that when a special law imposes an embargo on the grant of bail, then the Courts must exercise the power to grant bail subject to the conditions specified under the special provision.

The bench comprising of Justice CT Ravikumar and Justice Sanjay Karol was hearing the present matter.

The bench in the case observed and has set aside the bail granted to an accused who is being charged under the Maharashtra Control of Organized Crime Act, 1999, MCOCA because instead of limiting its consideration to whether the conditions of bail gets fulfilled or not, the High Court delved into the correctness of the prosecution's case and sufficiency of the evidence.

The section 21(4) of Maharashtra Control of Organized Crime Act, 1999, MCOCA states that the bail cannot be granted unless the Court is satisfied that there are reasonable grounds for believing that the accused is not guilty of such offence and that he is not likely to commit any offence while on bail.