1 Farad Continuation Sheet No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRI. APPLICATION NO.4172 OF 2008 (PAPPU @ AKHILESH SHIVSHANKAR MISHRA....Vs...STATE OF MAHARASHTRA) ______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ Shri R.K.Tiwari, Advocate for applicant. Shri S.S.Doifode, A.P.P. for Respondent. CORAM : R.C.CHAVAN, J. DATED : DECEMBER 17, 2008. 1. Heard learned counsel for the parties. 2. Perused reply filed on behalf of the respondent/ State. 3. Though apprehensions of the respondents about criminal activities of the applicant be correct, since there is no substantive crime shown to have been committed by the applicant after the year 2007, to which the provisions of Maharashtra Control of Organised Crimes Act ( “MCOCA” for short) have been applied. A co-accused in this crime had already been admitted to bail by order dated 20th November, 2008. The learned A.P.P. states that the present applicant is the main accused or gang leader and this distinguishes 2 his case that of Mohammed Wasim Mohd. Kalim, who has been admitted to bail. 4. In the absence of any substantive crime it would be difficult to deny bail to the applicant when he is admitted to bail in all other cases on the basis of which MCOCA has been slapped on the applicant. 5. In view of this, the applicant be released on executing P.R.B. in Rs. One Lac with one or more solvent sureties in the aggregate sum of Rs. One Lac subject to condition that the applicant shall keep himself away from all the prosecution witnesses and shall attend the Police Station concerned on every Sunday at 10.00 a.m. till the trial is over. 6. The learned A.P.P. submits that the applicant may be directed to keep himself away from all the criminal activities. The learned counsel for the applicant states that he would advise his client accordingly. 7. Hamdast allowed. JUDGE RR.