jpc apl393-11.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 393 OF 2011 Amit Bhoja Safalia @ Shetty ... Applicant Versus The State of Maharashtra ... Respondent Mr. Pankaj Kavale, for the applicant Mr. J. P. Kharge, APP for the State Mr. A.B. Waghmare, ACP, Traffic, Thane-I.O. CORAM:- A.M. THIPSAY, J. DATED :- 19th July, 2011. P.C. : 1. Heard Mr. Kavale, the learned advocate for the applicant and Mr. J. P. Kharge, the learned APP for the State. 2. The applicant was arrested initially on 9th August, 2009 in C.R. No.I-156/2009, registered at Shrinagar Police Station, Thane, which was in respect of the offences punishable under sections 384, 385, 386 and 387 read with section 34 of the Indian Penal Code, and the offences punishable under the Arms Act and the Bombay Police Act. 3. The applicant was remanded into custody from time to time by the learned Magistrate, but as the investigating agency did not file a charge sheet and as the investigation remained incomplete even after jpc apl393-11.sxw 2 the expiry of the period stipulated by Section 167 (2) of the Code of Criminal Procedure, the applicant and other accused arrested in the said case were released on bail by the Magistrate. According to the applicant, he furnished bail/surety in accordance with the bail order. On 16th December, 2009, the provisions of the Maharashtra Control of Organized Crime Act (MCOC Act) were applied to the said case and consequent upon the application of the provisions of the MCOC Act, investigation officer made an application to the Magistrate, praying for cancellation of the bail granted to the applicant and other co-accused. The learned Magistrate cancelled the bail granted by him previously to the applicant and to the six other accused. 4. Some of the accused in this case preferred revision application before the Court of Sessions, challenging the order passed by the Magistrate directing cancellation of the bail earlier granted to them. The Sessions Court, Thane, in revision, set aside the order passed by the Magistrate cancelling the bail and restored the bail order in favour of those accused. 5. The present applicant, however, did not prefer revision application in time. He filed it much later and there was delay of jpc apl393-11.sxw 3 about 240 days. The applicant, therefore, sought condition of delay in filing of the revision application, which application was rejected by the learned Additional Sessions Judge. 6. The applicant has now approached this Court challenging the order of cancellation of bail and refusal to condone the delay, basically for seeking bail. Though the application purports to one under section 482 of the Code, the basic prayer of the applicant is for bail. 7. The report submitted by the Investigating Officer, addressed to the Public Prosecutor, has been tendered by the learned A.P.P. and the same is taken on record. 8. The investigating officer fairly concedes that the role of the applicant is not different from those who have been released on bail. In my opinion, since according to the learned Additional Sessions Judge, the order cancelling the bail granted to the co-accused in this case as passed by the Magistrate was improper, the same logic should have been applied with respect to the revision application filed by the present applicant also. Since on merits, the learned Additional Sessions Judge had already concluded that the impugned order was bad, he jpc apl393-11.sxw 4 ought to have condoned the delay on that ground itself. Moreover, it does not appear that the reasons given by the applicant in his application for condonation of delay were not sufficient. 9. In any case, the applicant needs to be treated on par with the other accused who have been released on bail. Under the circumstances, I am inclined to release the applicant bail on certain conditions. 10. The application is allowed. 11. The applicant is ordered to be released on bail in the sum of Rs.50,000/- (Rupees fifth thousand only), with one surety in like amount, on the condition that the he shall report between 5 p.m. to 7 p.m to Shrinagar Police Station, Thane, on First Monday of each calendar month, commencing from August, 2011, till the disposal of the case against him. (A.M. THIPSAY, J.)