1 APEAL 2427 of 2008 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2292 OF 2010 Mr.Madhu Kuttappan Kottiyatil @ Madhu Kutty .....Applicant V/s. The State of Maharashtra ..... Respondent ---- Mr.Pankaj Kavale for the applicant. Mr.P.S.Hingorani APP for the respondent/State. ---- CORAM : V.M.KANADE, J. DATE : 11.10. 2010 P.C. 1 Heard the learned Advocate appearing for the applicant and the learned APP for the State. 2 The learned APP has filed an affidavit in reply of Assistant Commissioner of Police who is also investigating officer in this case, which is taken on record. This is the 2nd application for bail filed by the applicant who was arrested in connection with an offence which was registered by Kandivali police station, Crime Branch, Unit-11, on 21.5.2005 for the offence punishable under Sections 3, 10 & 25 of the Arms Act. Later on, a proposal was sent for invoking the provisions of MCOC Act and accordingly sanction was granted by the competent authority and provisions of Sections 3(1)(ii), 3(2) and 3(4) of the MCOC Act were made 2 APEAL 2427 of 2008 applicable. 3 First application of the applicant for bail was rejected by this Court on 5.2.2009 on merits. This 2nd application has been filed by the applicant on the ground that he has already completed five years of sentence which is the minimum sentence which can be awarded by the trial Court for the offence under Sections 3(1)(ii), 3(2) & 3(4) of the MCOC Act. In the affidavit in reply, it is stated that the prosecution proposes to examine 50 witnesses. Charge has been framed and the trial is likely to begin within a month. 4 On the other hand, learned Counsel appearing on behalf of the applicant submits that the prosecution has now filed an application under Section 294 of Cr.P.C. The applicant does not propose to admit these documents which are produced by the prosecution. It is submitted that at Thane, there is only one Court which is dealing with the MCOC cases and the said Court handles cases under MCOC Act for three districts. It is submitted that at this rate, the trial may not be over within next two to three years. It is submitted that since the applicant has under-gone the minimum sentence, he may be released on bail. It is submitted that though four cases have been mentioned in the charge-sheet, out of the two cases, the applicant has been acquitted in the case which was filed in the year 1998. It is submitted that the applicant has already handed over the pass-port and therefore, he is not likely to abscond. It is submitted that stringent conditions may be imposed while granting bail to the applicant. 5 In the present case, the prosecution case is that information was received by the police on 21.5.2005 and accordingly one Mukund K. Patel accused no.1 was arrested and he was found in possession of the revolver and two live cartridges which were seized by the police under panchanama. During the course of interrogation, he informed the police that he was importing weapons at the instance of one Bharat Nepali who was affiliated to Chhota Rajan. In view of this information, the police seized from the custom area of the JNPT, several arms and ammunitions. During the interrogation the name of the present applicant was revealled as a person who had played a vital role in conspiring, aiding and abetting the offence. 3 APEAL 2427 of 2008 6 In the affidavit in reply in paragraph-4 it is stated that the applicant during his interrogation has stated that he had imported arms on more than one occasion. 7 It is an admitted position that the statements which are made by the accused while in police custody are not admissible in evidence. There is no other material on record except the allegation of conspiracy. Since the applicant has already under-gone more than five years of sentence, it can be a good ground for applying for bail again and it can be accepted as a change in circumstances for applying for bail. Since the applicant has under-gone minimum sentence and he is a permanent resident of Mumbai and since the trial is not likely to be over immediately in the near future, it would be appropriate if the applicant is released on bail subject to certain conditions. 8 The applicant be therefore, released on bail on execution of PR bond in the sum of Rs.25,000/- with one or two sureties in the like amount. He shall not leave the city of Mumbai and Thane without seeking permission from the trial Court. He shall report to the concerned police station once in a week. The applicant shall not threaten any of the prosecution witnesses and if any complaint is received by the police, liberty is granted to the prosecution to apply for cancellation of bail. The applicant shall not be permitted to leave the country during the pendency of the trial. Trial is expedited. Application is accordingly disposed of in the aforesaid terms. ( V.M.KANADE, J. )