1 411.22WP IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 926 CRIMINAL WRIT PETITION NO.411 OF 2022 ROHIT ASHOK GAWALI VERSUS THE STATE OF MAHARASHTRA AND ANOTHER ... Advocate for the petitioner : Mr.A.R.Syed APP for Respondent-State : Mr.R.K.Ingole … CORAM : MEHROZ K. PATHAN, J. DATE : 24.03.2026 P.C. : 1] The petitioner has approached this Court quashing and setting aside the order dated 24.02.2022 passed by the learned Special Judge [District Judge-1 and Additional Sessions Judge, Jalgaon] below application dated 12.02.2022 filed in Crime No.450/2021, registered at Chalisgaon City Police Station wherein bail granted to the petitioner earlier in the same crime vide order dated 13.01.2022 was cancelled, exercising powers under Section 439 (2) of the Criminal Procedure Code on the ground of invocation of the provisions of MCOC Act and custodial 2026:BHC-AUG:13386 2 411.22WP interrogation of the petitioner is necessary to investigate the organized crime. 2] The learned counsel Mr.A.R.Syed for the petitioner submits that this Court, vide order dated 26th April, 2022 has granted stay to the order of cancellation of bail dated 24.02.2022. The entire investigation was already complete. The petitioner was arrested in the said crime and the charge sheet is already filed in the aforesaid crime, even against the present petitioner for the provisions under the MCOC Act by stating that the petitioner is under the protection of the interim order passed by this Court in Writ Petition No.411/2022. The learned counsel for the petitioner therefore submits that further custodial interrogation of the petitioner is not necessary as the entire investigation even as regards the stringent provisions of MCOC Act has been completed and the charge sheet is filed. He further submits that the impugned order dated 24.02.22 is passed mechanically without application of mind to the role played by the petitioner in the aforesaid crime. The 3 411.22WP petitioner is not a history-sheeter. The petitioner is involved in one earlier crime being Crime No.199/2020, dated 03.07.2020, registered with Chalisgaon City Police Station. Except the said crime, there are no other crime registered against the present petitioner and as such the petitioner cannot be said to be the person involved in continuous unlawful activities. There are no two charge sheets pending against the petitioner at the time of invocation of stringent provisions of the MCOC Act. The observation of the Appellate Court that the applicant is a member of the gang, is also without any evidence to that effect. The mere allegation about invocation of the provisions of MCOC Act would not, by itself, make out a ground for interference in the well reasoned order granting regular bail in the same crime vide earlier order dated 13.01.2022. Hence, the impugned order passed by the learned Special Judge, cancelling bail of the petitioner, is without application of mind. Hence, the impugned order may be quashed and set aside. 4 411.22WP 3] As against this, the learned APP Mr.R.K.Ingole vehemently opposes the present writ petition on the ground that the applicant is involved in the organized crime and the same is made out and as such the Competent Authority has granted approval under Section 23 of the MCOC Act for prosecuting the petitioner under the MCOC Act. The petitioner is directly named in the FIR and played major role in committing crime. There is one crime registered against the present petitioner wherein the petitioner is alleged to have attempted to commit murder. The custodial interrogation of the petitioner is, therefore, necessary. Hence, the impugned order passed by the Special Court is just and proper and the same is liable to be maintained. 4] I have gone through the order dated 24.02.2022 passed by the learned Special Judge, Jalgaon. I have also gone through the charge sheet placed on record by the learned APP. Perusal of the charge sheet would also show that the other co-accused were arrested and released on bail and the charge sheet is filed against all the accused persons. 5 411.22WP In so far as the present petitioner is concerned, the petitioner was protected vide order dated 26th April, 2022 by this Court and the charge sheet shows that the investigation against the present petitioner is also complete and it is stated in the charge sheet that the petitioner was protected vide order dated 26th April, 2022 passed in Criminal Writ Petition No.411 of 2022. Even the entire investigation in respect of stringent provisions of MCOC Act appears to have been completed against all other accused persons including the present petitioner. I do not see any further necessity of granting custodial interrogation of the present petitioner by upholding the impugned order dated 24.02.2022. 5] The Hon’ble Supreme Court in the case of Pradeep Ram Vs. State of Jharkhand and another reported in [2019] 17 SCC 326 was pleased to hold that the bail granted to the accused shall not be cancelled mechanically merely by adding of the new stringent provisions of the subsequent offences. The Court has to apply its mind to the 6 411.22WP facts whether the offences newly added against the accused persons is made out and also taking into consideration need for custodial interrogation to investigate newly added stringent offences and then decide the application for cancellation of bail. 6] The trial Court has also failed to arrive at satisfaction on the twin conditions as mandated under the MCOC Act. The trial Court has failed to arrive at satisfaction that the petitioner–accused is found to be prima facie involved in the organized crime or that there is every likelihood that the accused, if released on bail, may again indulge into identical offences of the organized crime. In absence of any such satisfaction arrived at as mandated in the twin conditions provided under Section 24 of the MCOC Act, the application for cancellation of bail appears to have been mechanically allowed. There were no new record brought by the prosecution to show that any subsequent offences or threats or violation of conditions imposed by the Court were committed by the accused persons. In the 7 411.22WP absence of any supervening circumstance, the trial Court was not right in cancelling bail mechanically by addition of some stringent provisions under the MCOC Act. No doubt, the trial Court always have a right to cancel the bail in view of the addition of the stringent provisions or new offences of serious nature of cognizable and non-bailable offences, however, the same must satisfy requirements of the need of custodial interrogation necessary and involvement of the accused in the subsequently added serious offences. In the present case, there is nothing on record to show that the trial Court has arrived at such satisfaction that the petitioner was involved in the organized crime and that his custodial interrogation is necessary for investigation of the organized crime. Moreover, since the charge sheet is filed even against the present petitioner, also as regards, the stringent provisions of the MCOC Act, need for custodial interrogation there appears to be no necessity of custodial interrogation of the petitioner. 8 411.22WP 7] The learned Special Court has mechanically interfered with the order passed by the Additional Sessions Judge, Jalgaon, granting regular bail to the petitioner in the same crime vide order dated 13.01.2022 only on the ground that now the provisions of the MCOC Act were invoked and the custodial interrogation of the petitioner is necessary without taking into consideration the role of the petitioner as a member of the syndicate. Except one crime, which is registered against the present petitioner, there are no other offences registered against the present petitioner. As such, the impugned order passed by the Special Court smacks of non application of mind and the same is, therefore, liable to be quashed and set aside. Hence the following order : ORDER i] The Criminal Writ Petition is allowed. ii] The order dated 24.02.2022 passed by the Special Judge, Jalgaon below Application dated 12.02.2022 in Crime No.0450/2021 is hereby quashed and set aside. 9 411.22WP iii] The Criminal Writ Petition is disposed of in above terms. [MEHROZ K. PATHAN] JUDGE DDC