IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR CRIMINAL APPLICATION NO.736/2008 Raju Rodke ..vs.. State of Mah ==================================================== CORAM:S.R. DONGAONKAR, J. DATE:3/4/2008 Heard Mr. Kotwal, Advocate for the applicant and Mrs. Khade, A.P.P. for state. This is an application under section 439 of Cr.P.C. for grant of bail. The applicant is facing prosecution for the offence under section 3(1)(a)2,3, & 4 of the Maharashtra Control of Organized Crimes Act, 1999, vide reply of respondent. Learned A.P.P. while opposing bail application submits that the offences against the applicant for bringing him within the purview of M.C.O.C. Act are : 1] Crime No.343/2000 of Pratap Nagar Police Station, which is for the offence u/s 279, 337, 379 of I.P.C. [Criminal Case No.315/2000 which is pending] 2] Crime No.333/2001 of Ajni Police Station, which is for the offence u/s 392, 34 of IPC [Criminal case No.251/2001 which is pending]. The applicant is stated to be in jail since 23.4.2006. It is submitted by learned counsel for the applicant the offence under the provisions of M.C.O.C. Act cannot be treated as made out against the present applicant. Definition of 'organized crime' as provided in Section 2(1)(e) of the M.C.O.C. Act reads as under: “2(e) “Organised crime” means any continuing unlawful activity by an individual, singly or jointly, either as a member of an organised crime syndicate or on behalf of such syndicate, by use of violence or threat of violence or intimidation or coercion, or other unlawful means, with the objective of gaining pecuniary benefits, or gaining undue economic or other advantage for himself or any other person or promoting insurgency;” Considering the allegations levelled for these two offences, it is difficult to say that these offences were committed by the appellant as a member of organized crime syndicate or as a member of such gang or on its behalf. Ofcourse, these observations are prima facie, but then when there is doubt, the applicant can not be said to have committed the offence u/s 3 of M.C.O.C. Act. As such these stringent provisions regarding grant of bail would apply. It will be seen from the list of offences alleged to be pending against the applicant that some of them are serious. Hence considering the fact that the applicant is in jail since long and the trial against the applicant under M.C.O.C. Act is not likely to be completed in near future and in view of the above, he would be entitled for bail, however, subject to conditions. He be released on bail on furnishing surety and PRB of Rs.25000/- subject to conditions that he shall report to P.S. Pratapnagar on first Sunday of every month between 2.00 to 4.00 p.m. until further orders and shall not directly or indirectly tamper with the prosecution evidence and shall not commit any offence. The respondent is at liberty to move for cancellation of bail of the applicant, if the circumstances, so require in future or for breach of any conditions.. Application stands disposed of. Bail in trial court. JUDGE smp.