MCOC Spl. Case 474/2020
1
Order BA 1204/2020
MHCC020108862020
IN THE COURT OF SESSIONS AT GREATER BOMBAY
INTERIM BAIL APPLICATION NO.1204 OF 2020
IN
MCOC SPECIAL CASE NO.474 OF 2020
Tariq Abdul Karim Merchandt
Age : 54 years,
R/a : Bhagat Building, V floor,
16 Sarang Street, Crawford Market,
Mumbai – 400 003.

..Applicant
V/s
State of Maharashtra
(through the officer in-charge of
DCB CID vide CR no.39/2020)
..Respondent
Coram : P. R. SITRE
The Special Judge (C.R.No.26)
Dated : 21st November, 2020
Adv. Mr. Azim Kazi @ adv. Mr. Waqar Pathan @ adv. Mr. Rizwan A. Khan
for the applicant.
SPP Mr. Iqbal Solkar for the State.
ORDER
(Dictated and pronounced in open Court)
1.

The applicant has filed this application for seeking interim
bail on the ground of medical emergency.
2.

The learned advocate on behalf of the applicant submitted
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Order BA 1204/2020
that applicant’s mother is 86 years old and is suffering from various
physical and mental ailments. The wife of the applicant is suffering
from asthama. The mother of the applicant met with an accident in the
year 2000 and is suffering from spine problem. Again on 13/12/2020,
mother of the applicant fell down on the floor and suffered huge injury.
No one is there to look after her. With the help of neighbour, she was
admitted in the Noor hospital. After doing various tests, doctor adviced
for urgent surgery and it requires huge amount for the said operation.
The wife of the applicant is not in a position to arrange such huge
amount. No one in the family is taking the responsibility of that. The
applicant has three sisters but they are residing at different places. The
X-ray report is of 18/11/2020. It clearly shows the said fact.
3.

The learned advocate further submitted that considering
the above said medical emergency, the applicant be released on interim
bail. The applicant is ready to abide with each and every condition
imposed by this Hon’ble Court and hence, prayed to grant interim bail.
4.

The
learned
advocate
relied
upon
the
following
authorities :(i) Sagar @ Tinku V/s State, NCT of Delhi in Bail Application
no.3115/2019 decided by the Hon’ble High Court of Delhi on
22/04/2020
(ii) Vinay V/s State in Bail Application no.781/2020 decided by the
Hon’ble High Court of Delhi on 24/04/2020
(iii) Jawahar Chelaram Bijlani Suresh Bijlani V/s State of Maharashtra
in Crl. M. P. NO.7724/2015 decided by the Hon’ble Supreme Court of
India on 16/10/2015
(iv) Order below Exh.92 in Sessions Case no.481/2013 passed by 3 rd
MCOC Spl. Case 474/2020
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Order BA 1204/2020
Additional Sessions Judge, Thane on 18/01/2016.
5.

The learned SPP for the State, by filing the say of IO at
Exh.2, strongly opposed the application on the ground that applicant
was arrested in MCOC Act. The bail application is already rejected on
merits. He is habitual offender and many offences are pending against
him.

He has connection with the gang of Dawood Ibrahim.

If we
peruse the documents filed on record by the applicant, then there is no
certificate which suggest about the injury. The injury is only to the leg.
X-ray report confirms the said fact that the injury is to the leg. It means
there is no threat to the life. On page 15, it is categorically reflected
that patient’s relative explained the doctor regarding the said fact and it
is not the opinion of the doctor. There is no spine report regarding the
same. The case law filed on record are not of the offence of MCOC.
The offences are different and hence these authorities cannot help the
applicant. The applicant has joint family and three sisters are residing
with his mother.

And hence, considering the above facts and
circumstances, he prayed to reject the application.
6.

Heard the rival submissions of both the sides at length and
also perused the documents filed on record.
7.

On the perusal of the documents filed on record, it appears
that there was fracture to right femur which is categorically seen in the
X-ray dated 18/11/2020.

There is no Doctor’s certificate that the
mother of the applicant is suffering from disease which gives threat to
life. Fracture of femur cannot be considered as threat to the life. No
document filed on record reflects any medical emergency. Moreover,
applicant’s mother is residing in joint family. Considering the above
MCOC Spl. Case 474/2020
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Order BA 1204/2020
facts and circumstances, I pass the following order :ORDER
1. Interim Bail Application No.1204 of 2020 in MCOC Special Case 474
of 2020 stands rejected.
2. Interim Bail Application No.1204 of 2020 in MCOC Special Case 474
of 2020 is disposed off accordingly.

Prashant
R. Sitre
Date : 21/11/2020
Digitally signed
by Prashant R.
Sitre
Date:
2020.11.24
14:17:00 +0530
(Prashant. R. Sitre)
Special Judge,
City Civil & Sessions Court,
Greater Bombay
MCOC Spl. Case 474/2020
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Order BA 1204/2020
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
Name of Stenographer
Upload date and time
Name of the Judge
: Mrs. Varsha D. Chowdhri
: 24th November, 2020
H.H.THE SPECIAL JUDGE
SHRI P. R. SITRE (C.R.No.26)
Date of Pronouncement of Order 21st November, 2020
Order signed by P.O. on
21st November, 2020
Order uploaded on
24th November, 2020