1 Amk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 968 OF 2009 IN CRIMINAL APPEAL NO. 196 OF 2009 Vishwas Ramchandra Satardekar ... Applicant Vs. The State of Maharashtra ... Respondent Mr. Amin H. Solkar for the applicant. Ms. S.V. Gajare APP for the respondent State. CORAM : MRS. MRIDULA BHATKAR, J. Dated :- 24th September, 2009. PC : 01. This bail application is preferred wherein the applicant-accused was convicted for the offence punishable under Section 342, 452 r/w. Section 34, 395 r/w. Section 397 of the Indian Penal Code in which he has been awarded substantive maximum sentence for the period of seven years. He also convicted for the offence punishable under Sections 3 (1) (ii), 3 (2), 3 (4) the Maharashtra Control of Organized Crime Act, 1999 to suffer rigorous imprisonment 2 for five years under each crime. 02. Learned Counsel appearing for the applicant- accused submits that the applicant-accused has been arrested on 15th December, 2005 and he was not released on bail pending trial. It is submitted that, today he has completed three years and ten months of his sentence and hence, this bail application. 03. Learned Counsel in support of his contention especially on the point of release on bail of the convict of the MCOC Act, 1999 has relied on the judgment of this Court in the case of “Nazim Hasan Shamsu Zoha Rizvi @ Rajasaab”, in which it was held by this Court that, Section 21 of the MCOC Act, 1999 which has to be put bar for the bail, cannot be attracted after the conviction of the accused. It means that, Section 21 is in force till pending trial. Against the said order of granting bail to the applicant-accused in Criminal Application No. 686 of 2007, the State has preferred SLP 4094 of 2004 which has been dismissed and the order 3 passed by this Court is upheld. 04. Learned APP submits that, the applicant-accused was prosecuted in nine cases. However, he has been acquitted from all the nine cases. 05. Acquittal in the other cases, cannot be considered as a crime record against the applicant-accused. The period undergone is more than 50% and there is no possibility of listing this appeal on the board in near future. Considering the view taken by this Court earlier and which is confirmed by the Hon’ble Supreme Court in “ State of Maharashtra Vs. Nazim Hassan Shamshu Zoha Rizvi”, the accused is released on bail of Rs.20,000/- with one surety. Applicant-accused to attend Lokmanya Tilak Marg Police Station on 1st Monday between 3.00 pm to 5.00 pm. (MRIDULA BHATKAR, J.)