The Supreme Court on Wednesday declined to grant bail to the nephew of underworld don Dawood Ibrahim in a 2019 case registered against him for alleged threats issued to a builder under the law to curb organized crime - Maharashtra Control of Organised Crime Act (MCOCA).
A bench of Justices MR Shah and BV Nagarathna asked the trial court to frame charges in the case and allowed Dawood's nephew to apply for bail afresh thereafter.
The bench dismissed the appeal filed against the Bombay High Court December 2021 order which had rejected the bail plea of Mohammed Rizwan Iqbal Hasan Shaikh Ibrahim Kaskar.
"We see no reason to allow the applicant on bail at this stage. The investigation is complete and the chargesheet is filed. We direct the court to frame charges against the accused within six months from today. Then it will be open for him to request bail before this court. SLP is dismissed," the apex court said in its order.
Kaskar was arrested in July 2019. On October 10, 2019, the police filed its chargesheet under MCOCA.
As per the case, the builder, who also had an electronic goods import business, said his business partner owed him Rs 15 lakh, and in June 2019, he received an international call made on behalf of wanted gangster Chhota Shakeel through wanted accused and gang member Fahim Machmach, to not insist on the payment.
The High Court while rejecting his plea had said no bail deserves to be granted as the case record depicts Kaskar's involvement in the crime.
The case against Shakeel, Kaskar and others was on the builder's complaint to the Pydhonie police station.
The special MCOCA judge in his order denying bail had found enough material to infer prima facie involvement of Kaskar for the IPC offence of extortion and that "the authorities were justified in invoking provisions of MCOCA" against him.
