Criminal Law Roundup: A quick recap of the Latest Criminal Law cases from May 2025
This roundup offers a concise overview of the latest criminal law cases from May 2025, featuring key rulings from the Supreme Court and various High Courts.
MCOCA
HIGH COURT MAY 2025 WEEKLY ROUNDUP | Stories on OYO v. Zostel; Arjun Rampal’s Tax Evasion; Kota Student’s Suicide; and more
A quick legal roundup to cover important stories from all High Courts this week.
[MCOCA] SC sets aside bail granted without considering embargo placed by special statute; remands matter to HC for fresh consideration
“When there is an embargo put in by a specific provision under a special enactment in the matter of grant of bail in respect of offences allegedly committed thereunder, the power to grant bail should necessarily be subject to satisfaction of the conditions mentioned in such specific provision.”
‘All the sanctions were passed without due application of mind’; Delhi Court acquits accused persons alleged to have committed organized crime for lack of legal ingredients to invoke MCOCA
‘Merely by giving a list of past cases, neither existence of crime syndicate nor commission of organized crime stands proved.’
[Organised Crime Syndicate] | Bombay HC upholds Trial Court’s order convicting construction contractor under MCOCA
The Court referred to Govind Sakharam Ubhe v. State of Maharashtra, 2009 SCC OnLine Bom 770, wherein it was held that the charge under MCOCA ropes in a person who as a member of the syndicate commits organised crime either individually or jointly.
Bombay HC disallows prosecution of alleged affiliates of a banned organisation for MCOCA charges due to delay in taking of cognizance by Trial Court
The Court noted that cognizance of the offence was not taken by the Trial Court as stipulated by Section 2(d) of the MCOCA, therefore, the accused persons could not be prosecuted on the charges of S. 3 MCOCA.
Delhi High Court refuses bail to Leena Paulose wife of Sukesh Chandrashekhar in 214 crore extortion case
Delhi High Court observed that at the stage of bail, the mini trial is totally prohibited. However, the record amply indicates that Leena Paulse was involved in the organized crime syndicate. It is unbelievable that such huge amount of money were coming in her account and she was accepting the same only as a dutiful wife.
Person cannot be tried under MCOCA/GUJCOCA once he ceases to indulge in any unlawful act after its coming into force: Supreme Court
The Supreme Court also held that the dictum as laid by this Court in State of Maharashtra v. Shiva alias Shivaji Ramaji Sonawane, (2015) 14 SCC 272 is the correct exposition of law and does not require any relook.
Confessions made to Additional SP under Section 12 MCOCA not inadmissible; rank of SP includes SP, Additional SP, DCP: SC
“A difference in the seniority of a particular officer is not the same as a difference in their ranks.”
More than one chargesheet is necessary for invoking provisions of Gujarat Control of Terrorism and Organised Crime Act, 2015: Supreme Court
Supreme Court: The Division Bench comprising B.R. Gavai and Hima Kohli, JJ., (Vacation Bench) reversed the order of the Gujarat High Court,
‘Bombay HC has “virtually” acquitted Chota Shakil aid of MCOCA charges at interim relief stage’; SC sets aside bail order; directs immediate surrender
Supreme Court: The bench of MR Shah* and Sanjiv Khanna, JJ has set aside the Bombay High Court order releasing a man
MCOCA: Expanding Realms of Penal Provisions
by Abhishek Goyal*
‘Competent Court’ under MCOCA is not restricted to Courts in Delhi; Charge sheets filed in other States can be taken into account
Supreme Court: The bench of SA Bobde and L Nageswara Rao, JJ defined the scope of the words ‘competent Court’ in Section
Undertrial detention undergone in one case cannot be set-off in another case
Bombay High Court: While relying upon the Supreme Court decision in Atul Manubhai Parekh v. Central Bureau of Investigation, (2010) 1 SCC 603,