Mumbai, Maharashtra – November 21, 2020 – A Special Court in Greater Bombay has rejected an interim bail application filed by Tariq Abdul Karim Merchandt, 54, who is accused in a case registered under the Maharashtra Control of Organised Crime Act (MCOCA). Merchandt, alleged to have connections with the Dawood Ibrahim gang, sought interim bail citing a medical emergency involving his 86-year-old mother.
Special Judge P. R. Sitre, presiding over Court Room No. 26, pronounced the order in Interim Bail Application No. 1204 of 2020, related to MCOC Special Case No. 474 of 2020 (DCB CID CR No. 39/2020).
Grounds for Bail Application:
Mr. Azim Kazi, along with advocates Mr. Waqar Pathan and Mr. Rizwan A. Khan, appearing for Tariq Abdul Karim Merchandt, presented the medical emergency as the sole ground for interim bail. They submitted that Merchandt’s mother, aged 86, suffers from various physical and mental ailments and had previously sustained a spinal injury in 2000.
The defense further stated that on December 13, 2020 (an apparent clerical error in the order, likely meant to be November 13, 2020, given the order date), the mother suffered another significant injury after falling. She was admitted to Noor Hospital with the help of neighbours, and an X-ray report dated November 18, 2020, confirmed a fracture to her right femur. The advocates argued that she required urgent and costly surgery, which Merchandt’s wife, suffering from asthma, was unable to arrange due to financial constraints and lack of family support. They asserted that Merchandt’s three sisters resided elsewhere and were not taking responsibility for their mother’s care.
The defense cited various precedents, including cases decided by the Delhi High Court (Sagar @ Tinku V/s State, NCT of Delhi and Vinay V/s State) and the Supreme Court of India (Jawahar Chelaram Bijlani Suresh Bijlani V/s State of Maharashtra), arguing for the grant of interim bail.
Prosecution’s Opposition:
Special Public Prosecutor Mr. Iqbal Solkar, representing the State, strongly opposed the application. He highlighted that Merchandt was arrested under the stringent MCOCA, and his regular bail application had already been rejected on merits. Mr. Solkar emphasized that Merchandt was a “habitual offender” with multiple pending cases and alleged connections to the notorious Dawood Ibrahim gang.
The SPP also scrutinised the medical documents provided by the applicant, pointing out that there was “no certificate which suggest about the injury” beyond the X-ray confirming a leg fracture. He contended that a femur fracture did not pose a “threat to life.” Mr. Solkar further noted that the document on page 15 reflected a patient’s relative explaining the situation to a doctor, rather than a direct medical opinion, and there was no specific spine report filed. He argued that the case laws cited by the defense were not applicable as they pertained to different offenses, not MCOCA. Lastly, he contended that the applicant’s mother lived in a joint family, and his three sisters were also residing with her (contradicting the defense’s claim), suggesting that alternative care was available.
Court’s Decision:
After hearing both sides at length and meticulously perusing the documents, Special Judge P. R. Sitre ruled against granting interim bail. The court observed that while the X-ray dated November 18, 2020, did confirm a fracture to the right femur, there was no doctor’s certificate indicating that the mother’s condition posed a “threat to life.”
The judge explicitly stated, “Fracture of femur cannot be considered as threat to the life.” The court found no documents on record that reflected a medical emergency. Additionally, contradicting the defense’s claim about lack of support, the court noted that “applicant’s mother is residing in joint family.”
Considering these factors, the court concluded that the grounds for interim bail on medical emergency were not sufficiently established.
Order:
The Interim Bail Application No. 1204 of 2020 was accordingly rejected and disposed of.