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Supreme Court paves way for Ex SIMI chief to seek bail in MCOCA case

The apex court quashed the Bombay High Court order which had stayed the special MCOCA court's order rejecting the probe agency's plea seeking more time to file the charge sheet against Nachan.

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In a relief to Saquib Nachan, former chief of the banned Students Islamic Movement of India (SIMI) who is booked under the MCOCA by Maharashtra police in 2012, the Supreme Court, on Tuesday, paved the way clear for him to seek bail before the Special Court as the police failed to file the charge sheet against him within the stipulated time of 90 days.

The apex court quashed the Bombay High Court order which had stayed the special MCOCA court's order rejecting the probe agency's plea seeking more time to file the charge sheet against Nachan.

A bench headed by Justice AK Sikri allowed him to file his bail plea before the trial court which will consider his request. Soon after the top court order, Nachan's counsel Mehmood Pracha told dna that after Nachan completed the formalities before the trial court, he will be out from jail.

"Now mere formalities are left before the Special MCOCA court in Thane. This is the case in which he was in the jail. In other cases, he is either acquitted by the court or on bail," Pracha said.

"Nachan has been in jail for more than 8 years for the POTA case. Although he was convicted and sentenced to 10 years under the Arms Act, he has nearly completed the jail term. He will be released on bail soon," the lawyer said.

In August 2012, the Thane police had registered a case under the Maharashtra Control of Organised Crime Act, (MCOCA) against Nachan in an attempt to murder of Manoj Raicha. Nachan was arrested on August 24,2012.

After the failure to file the charge sheet against him within 90 days, the Thane police had moved an application seeking more time. The Special court had rejected the plea.

Being aggrieved of the order, the police had approached the Bombay High Court, which had stayed the trial court order in July 2013. Nachan challenged the HC order in the Supreme Court.

Nachan was booked in as many as 8 cases including a case under the Prevention of Terrorism Act (POTA) in the 2002-2003 triple bomb blast case. Out of these cases, he was acquitted by the court in three murder cases and in Ghatkopar blast case. He was discharged by the trial court.

He is also facing trial in two criminal cases in which he was granted bail by the court.

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