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6. According to the prosecution, a syndicate headed by Mandar Ajit Borkar (one of the accused) was involved in the commission of the offence, therefore, the Investigating Agency applied for sanction for invoking the provisions of the MCOC Act in the present case. The Joint Commissioner of Police (Crime) granted sanction on August 2, 2021 for applying MCOC Act to the case.

Diksha Rane 54.BA 868-22.doc

7. The charge-sheet came to be filed on October 14, 2021 against 17 arrested accused. Post arrest of accused no.10-Manoj Shinde, accused no.11-Akash Jagtap and accused no.7-Sanjay Nivetkar, the swords used by the accused in the commission of crime were recovered. The auto-rickshaw used in the commission of crime was found and from the said auto-rickshaw, 11 bamboo sticks were recovered. The auto-rickshaw is registered in the name of the accused no.14-Vikas Kamble.

10. In ordinary course, in the absence of application of MCOC Act, if the offence registered vide C.R.No.63/2021 were to be a stand alone offence, I may have been inclined to grant bail to the applicant considering that the applicant is not the assailant, the injuries suffered by the victims are simple in nature, the applicant was not present at the spot and that the applicant is implicated on the basis of his own statement.

11. However, I have to consider the present application from the point of view of the provisions of the MCOC Act and the law laid down by the Hon'ble Supreme Court and this Court interpreting the provisions of MCOC Act. Following Diksha Rane 54.BA 868-22.doc decisions are relied upon by learned counsel in support of their submissions: -

15. The confessional statement of the applicant-Vivek is recorded under Section 18 of the MCOC Act. An attempt was made by learned counsel for the applicant-Vivek to contend that the applicant cannot be deprived of the facility of the bail only on the basis of the confessional statement recorded under Section 18 of the MCOC Act. According to him, the said confessional will have to be read with the Diksha Rane 54.BA 868-22.doc applicant's statement recorded before the Magistrate. I, however, find that the applicant has not resiled from the confession earlier made.

"31. Mr. Desai then submitted that since against the appellant only one charge-sheet is filed, he is not covered Diksha Rane 54.BA 868-22.doc by Section 2(1)(d) of the MCOC Act which defines "continuing unlawful activity". Consequently, the appellant cannot be tried for offences under the MCOC Act.
32. In order to understand this submission it is necessary to have a closer look at certain provisions of the MCOCA and its preamble. The preamble states that it is an Act to make special provisions for prevention and control of, and for coping with the criminal activity by organized crime syndicate or gang, and for matters connected therewith and incidental thereto. The MCOCA, states the preamble, makes special provisions for prevention and control of, for coping with, criminal activity by organized crime syndicate or gang. Essentially, therefore, the MCOCA targets the unlawful activities of the organized crime syndicate.