..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.405 OF 2008 IN CRIMINAL APPEAL NO.675 OF 2007 IN MCOC SPECIAL CASE NO.7 OF 2004 Uday Baburao Pawar. ..Applicant. (Orig.Acd.No.3) Versus The State of Maharashtra. ..Respondent. .. Mr.R.P.Javanjal, Adv. for the Applicant. Mr.Rajesh More, APP, for the State. .. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 23rd April, 2008. DATED : 23rd April, 2008. DATED : 23rd April, 2008. P.C.: 1. Heard counsel for the parties. Applicant-orig.accused No.3 is seeking bail. Indeed, the learned A.P.P. may be justified in pointing out that the offence for which the applicant has been found guilty is a serious offence punishable under Section 3(1)(ii) of the M.C.O.C. Act, 1999 as also Section 3(2) r/w Section 2(a) and Section 3(4) of the Act. The ..(2).. fact remains that co-accused in the same case has already been ordered to be released on bail by the Apex Court on the ground that he had already undergone imprisonment for about three and a half years and although he is convicted and sentenced for five years. Reliance is placed by the applicant on the order of the Apex Court in the case of Mohammed Amin Mohd. Ilyas @ Mansoor @ Mohammed Amin Mohd. Ilyas @ Mansoor @ Mohammed Amin Mohd. Ilyas @ Mansoor @ Anthony Anthony Anthony being ALP (Cri.) No.4741 of 2007 decided on 3rd January, 2008 which reads thus: "ORDER Leave granted. It is stated by the learned counsel for the appellant that the appellant has already undergone imprisonment for about three & half years although he is convicted and sentenced for five years, he is directed to be released on bail to the satisfaction and subject to the conditions as may be laid down by the learned Special Judge. ..(3).. The appeal is disposed of with the aforementioned direction." 2. The learned Counsel for the applicant has also pointed out that coaccused Shirajuddin M. Sayyed came to be released on bail by this Court by order dated 3rd April, 2008 on the ground that he had completed three years and seven months out of the actual imprisonment of five years imposed on the said coaccused. In fact in the case of the present applicant, he has undergone imprisonment for about four years as of now. For that reason the applicant is justified in relying on the order passed by the Apex Court in the case of coaccused/accused No.1 in the same case as well as the order in the case of coaccused Shirajuddin M. Sayyed passed by this Court on 3rd April, 2008. Accordingly, the applicant is ordered to be released on bail on the following conditions :- (a) The applicant - Uday Baburao Pawar is directed to be released on bail in connection with offence in MCOC Spl. ..(4).. Case No.7 of 2004 on executing PR bond in the sum of Rs.25,000/- (Rupees Twenty-five Thousand) with two solvent sureties in the like amount. (b) The applicant shall not leave territory of Greater Mumbai without the written permission of this Court. (c) The applicant shall report to DCB, CID, Unit-I, Mumbai once in a fortnight on Monday between 10:00 a.m. to 11:00 a.m. till the decision of the pending Appeal. (d) Before being released on bail, the Assistant Commissioner of Police, DCB, CID, Unit-I, Mumbai shall be informed at which place the applicant will reside during the period that he is on bail and/or change of residence, if any from time to time. . Application is disposed of accordingly. ..(5).. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)