Bail plea of double murder accused for exercising conjugal rights rejected

MUMBAI: A special court for cases related to the Maharashtra Control of Organised Crime Act (MCOCA) recently rejected the bail application of a double murder accused for exercising his conjugal rights. Mohasin Behlim had requested temporary bail for three months, saying he had a fundamental right to parenthood and procreation.

The court rejected the bail application, noting that Behlim had murdered two people when he was temporarily released while serving a life term for another murder in 2009.

While applying for bail, the accused submitted that he could not perform his conjugal rights since he was in jail. He stated that his wife was currently receiving treatment for conceiving pregnancy, which necessitates his involvement.

The prosecution, however, submitted that the accused was not entitled to bail because of the seriousness of his crime, and drew attention to his criminal record. It also stated that there is no deprivation of the fundamental right for parenthood and procreation since Behlim and his wife already have one child.

Special MCOCA judge Rajesh Kataria rejected the plea, observing that there was no reasonable ground to prove that the accused was not likely to commit any other offence if released on bail, considering his previous conduct. “The record shows that the present crime is committed by the applicant while he was temporarily released in [a] previous crime,” said the judge while rejecting the plea.

The court also observed that Behlim’s offence is serious and that he is alleged to have been involved in several unlawful activities of an organised crime syndicate. Behlim and his aides were held for a double murder in Santacruz eight years ago in a case of alleged rivalry over a plot. The men had murdered the caretakers of a plot in Santacruz owned by Diwan Builders.

Behlim was booked under sections 302, 307, 387, 449, 143, 144, 147, 201, 75, 120B and 149 of the Indian Penal Code (IPC), along with various sections of the Maharashtra Police Act and the Maharashtra Control of Organised Crime Act (MCOCA).