Sadhvi Pragya files for spl bail under MCOCA

Malegaon blast accused Sadhvi Pragya Thakur today filed a bail application exploiting the special provisions available under the Maharashtra Control of Organised Crime Act (MCOCA). The Sadhvi,who is currently in judicial custody,pleaded that as she has already spent over 95 days in custody and a chargesheet is yet to be filed by the Anti-Terrorism Squad (ATS),she should be entitled to bail.

Under the provisions of conventional laws like the Indian Penal Code (IPC),the police get 90 days to file a chargesheet,after which the accused becomes entitled to bail. However,under the MCOCA,this period is enhanced to 180 days.

The Sadhvi’s lawyers are,however,arguing that for the special enhancement provided under MCOCA,on the completion of 90 days the prosecution is required to file a brief or progress report in the investigation before the court.

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They contend that the ATS has failed to do so in Thakur’s case andshe has,thus,now become entitled to bail. The bail argument will be held on January 19.

Meanwhile arguments on the bail plea of other accused persons Lieutenant Colonel Prasad Shrikant Purohit and Ajay Rahirkar will be heard on January 20. All the 12 accused are currently in judicial custody.