1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.186/2009 WITH CRIMINAL APPLICATION NO.827/2009 Rajan Mohandas Kadri Applicant Vs. State of Maharashtra Respondent Mr.Jagdish G.Shetty for the applicant Mr.Kharge, APP for State CORAM: MRS.MRIDULA BHATKAR,J. DATE : 29th SEPTEMBER,2009 P.C. . This bail application is filed in Criminal Appeal against the order dated 7/2/2009 passed by the Special Judge of Greater Bombay under Maharashtra Control of Organised Crime Act (M.C.O.C.Act) by which the applicant/accused is convicted for the offences punishable under section 326 of the Indian Penal Code and section 3 of the M.C.O.C. Act. The learned counsel appearing for the application has submitted that the learned Special Court though there was similar degree of evidence against accused no.3 , he acquitted him and accused no.4 despite of similar evidence is convicted. He has further submitted that besides the evidence of P.W.13 there is no other evidence to hold the applicant guilty and P.W.13 cannot be relied as his statement was recorded three and half months later. 2 2] The evidence of P.W.13 discloses the role played by the applicant/accused and the same is discussed and relied upon by the learned Special Judge . The applicant/accused is convicted u/s 452,326 ,506(II) of the Indian Penal Code and Section 3(1)(ii) and 3(4) of the M.C.O.C.Act.The maximum sentence awarded to him is of 10 years under M.C.O.C.Act . He was arrested on 27/3/2008 and since then he is behind the bar. It shows that he has approximately undergone the sentence of one year and six months . Hence the application is rejected. The applicant may file application after one year. (Mrs.Mridula Bhatkar,J.)