issue as to
whether a person accused of an offence
under MCOCA should be denied bail if on the date of the
offence ... bail for an offence under MCOCA or any
other Act. Section 21(5) of MCOCA reads as under:
"21. (5) Notwithstanding anything contained
issue as to
whether a person accused of an offence
under MCOCA should be denied bail if on the date of the
offence ... bail for an offence under MCOCA or any
other Act. Section 21(5) of MCOCA reads as under:
"21. (5) Notwithstanding anything contained
issue as to
whether a person accused of an offence
under MCOCA should be denied bail if on the date of the
offence ... bail for an offence under MCOCA or any
other Act. Section 21(5) of MCOCA reads as under:
"21. (5) Notwithstanding anything contained
observed as follows:-
"29. While dealing with a special statute
like MCOCA, having regard to the provisions ... application. Since the respondent has been
charged with the offence under MCOCA, while dealing
with his application for grant of bail, in addition
shows that in order to invoke
23
MCOCA even if a person may or may
not have any direct role to play as
regards ... established that
would attract the invocation of Section
3(2) of the MCOCA. Therefore, even if
one may not have any direct role to
play
which is not
the sine qua non for attracting the provisions
of MCOCA. A person in a given situation may
not do that which ... basis of broad
probabilities. However, while dealing with a
special statute like MCOCA having regard to
the provisions contained in sub-section (4) of
Section
While dealing with a similar provision
prescribing twin conditions in MCOCA, this Court in
Ranjitsing Brahmajeetsing Sharma held as under :
(SCC pp. 318-19, paras ... Such cannot be
the intention of the legislature. Section
21(4) of MCOCA, therefore, must be
construed reasonably. It must be so
construed that
