Cyber Crime
Cybercrime Under MCOCA: HC Frees 4 Accused Due to Delayed Trial
The court observed that the trial hadn’t started even after two years, and the accused had no criminal record.
PUNE: In a significant decision, the Bombay High Court has granted bail to four people accused in a major cybercrime case involving loan app harassment. This case is the first time the Maharashtra Control of Organised Crime Act (MCOCA) was applied in a cybercrime matter by the Pune Police.
The four accused — Mujid Ibrahim Kandiyal, Ragib Sharif Ahmed, Mohammad Mahindu Maniyat, and Shrikrishna Bhimanna Gaikwad — were granted bail on a personal bond of Rs 50,000 each. They were asked to provide one or two sureties of the same amount.
Justice Shivkumar Dige, in his order dated March 18, stated that the accused had been in jail for over two years and four months, yet the trial hadn’t even started. Since the four had no past criminal records and their role in the crime appeared limited, the court found their continued detention unnecessary.
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The case involves an organised gang that allegedly harassed loan seekers using app-based loans. The gang was led by Dheeraj Bhagat Punekar from Solapur and was accused of threatening, blackmailing, and extorting money from victims.
The Pune city cybercrime police arrested nine people in connection with the case and invoked MCOCA due to the gang’s structured operations.
During the investigation, it was revealed that the accused were also allegedly selling the personal data of victims and using fake identities to open multiple bank accounts.
These accounts were used to move extorted money, with connections allegedly leading to operations in Dubai.
Defense lawyers argued that their clients were only linked indirectly and had no intent to commit fraud. The prosecution, however, opposed the bail plea, citing evidence such as recovered chats and misuse of SIM cards and bank accounts.
The High Court ruling has now brought relief to four of the nine accused. A special court had earlier granted bail to three others, while the bail applications of two were rejected.
The case continues to be one of the most high-profile cybercrime cases in Maharashtra in recent times.
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