BD Shelke, the special judge handling cases under the Maharashtra Control of Organised Crime Act (MCOCA), denied bail to shooter Vicky Gupta on October 18.
MUMBAI: The Mumbai sessions court ruled that the Maharashtra Control of Organised Crime Act (MCOCA) applies to the case involving the firing at actor Salman Khan’s residence in Bandra in April this year.
The court stated that membership in a crime syndicate and involvement in organized criminal activities provide sufficient grounds for invoking the Act, even without prior individual charges. The court also denied bail to one of the shooters, Vicky Gupta, citing evidence of his involvement.
According to the first information report, on April 14, Gupta and another assailant on a motorcycle fired shots at the actor’s first-floor balcony. Gupta was arrested two days later, on April 16. The prosecution claimed that the shooting was part of a larger conspiracy by jailed gangster Lawrence Bishnoi and his associates.
The accused face multiple charges under the Indian Penal Code (IPC), including attempted murder and criminal conspiracy, as well as violations of the Arms Act and MCOCA.
In court, special public prosecutor Wajeed Shaikh argued that the provisions of MCOCA could be applied to Gupta, despite his lack of previous criminal charges, referencing Supreme Court orders that allow the invocation of MCOCA against members of organized crime syndicates.
He asserted that the evidence indicated Gupta’s active participation in a deliberate conspiracy involving reconnaissance and the use of firearms.
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Inadvertently, defense counsel Pankaj Ghildiyal contended that Gupta was a victim of circumstances, lacking any criminal history. He argued that coming from a laboring class background, Gupta had been manipulated by another accused and had no intention of committing murder or knowledge of Khan’s presence in the house. Ghildiyal sought bail for Gupta, asserting that further custodial interrogation was unnecessary.
After thoroughly considering the arguments, the court dismissed the bail application, affirming that the evidence presented indicated Gupta’s complicity.
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