Mumbai, June 1, 2020 – The City Civil and Sessions Court in Greater Mumbai today rejected an interim bail application filed by Fayaz Ahmed Iqbal Shaikh alias Tabu, an accused facing charges under the Maharashtra Control of Organized Crime Act (MCOCA) and Sections 395 and 397 of the Indian Penal Code (IPC), pertaining to dacoity and robbery.

The application, received by the court via email from the jail, sought interim bail citing directions and guidelines issued by the High Power Committee on March 25, 2020, and May 14, 2020. These guidelines were formulated in response to a Suo Moto Writ Petition (C) No. 1 of 2020 by the Hon’ble Supreme Court, aiming to decongest prisons amidst the COVID-19 pandemic.

Additional Sessions Judge Dinesh E. Kothalikar, presiding over the matter, reviewed the application in the absence of the Special Public Prosecutor (SPP). The court noted that the application’s primary basis was the High Power Committee’s directives.

However, in his order, Judge Kothalikar highlighted a crucial exclusion within those very directions: “Special Acts like MCOCA and NIA have been specifically excluded from consideration.” While acknowledging that the Hon’ble High Court had advised deciding such applications on their merits, the judge concluded that since Shaikh’s application relied predominantly on the High Power Committee’s general directives for interim bail, and given the specific exclusion of MCOCA cases, no sufficient grounds were made out for granting interim bail.

Consequently, the court found the application to be without merit and rejected it.

Fayaz Ahmed Iqbal Shaikh is currently facing trial in MCOC Special Case No. 14 of 2020. The decision underscores the judiciary’s adherence to specific legal frameworks governing organized crime, even in the context of broader directives aimed at public health emergencies.