Bombay High Court
Rohit Ashok Gawali vs The State Of Maharashtra And Another on 24 March, 2026
2026:BHC-AUG:13386
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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
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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 26 th
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
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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.
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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.
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In so far as the present petitioner is concerned, the
petitioner was protected vide order dated 26 th 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
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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
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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.
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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.
9411.22WP iii] The Criminal Writ Petition is disposed of in above terms.
[MEHROZ K. PATHAN] JUDGE DDC