sg 1 BA1678_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1678 OF 2011 Vijay Bapu Salve @ Narsale ... Applicant Versus The State of Maharashtra ... Respondent Shri D.S. Manerkar, Advocate for Applicant. Shri Y.M. Nakhwa, APP for the Respondent State. CORAM : J. H. BHATIA, J. DATE : 22nd NOVEMBER, 2011 P. C. : The applicant who is accused No.1 in Crime No.13/2007 registered with Wagale Estate Police Station u/s 385, 387, 34 IPC and u/s 3(1) (ii), 3(2) and 3(4) of M.C.O.C. Act (Maharashtra Control of Organised Crime Act) seeks to be released on bail. 2. The applicant was arrested on 25.1.2007 for the offences u/s 385, 387 IPC. On 21.4.2007 provisions of M.C.O.C. Act were applied. In view of Section 21(4) of the M.C.O.C. Act, he was never granted bail. Since 21.1.2007 he is in jail awaiting his trial. In view of the provisions of Section 21(4) of M.C.O.C. Act, his earlier application No.4897/2010 was disposed of by giving direction that the trial be commenced as early as possible and the case be disposed of preferably within six months. The trial was expected to end by June 2011. However, as there was no progress, on a request made by the learned Additional Sessions Judge, the time to dispose of the case was extended till September 2011. The learned counsel for the applicant contended that inspite of that, trial has not yet commenced and as the accused applicant is in jail for last about 5 years, which is the minimum sentence prescribed for the sg 2 BA1678_11 offences u/s 3(1)(ii), 3(2) and 3(4) M.C.O.C. Act, now he should be granted bail. 4. As per the prosecution case, first informant Atul Suresh Rane was in the business of Cable Network and was running that business in partnership with accused No.4 Santosh and others in the name and style of “Chaitanya Cable Network” at Badlapur since August 2004. The business was looked after by accused Sanotsh Ramchandra Pingle. However, according to the complainant, since the business was not running in profit, from June 2006 he took over the reins of the business and it started showing profits. According to him, accused No.4 Santosh Pingle used to give some Hafta or protection money to accused No.1 Vijay Narsale, who is the present applicant. The complainant stopped making that payment. Accused No.4 Santosh conspired with the other accused persons and in the name of the present applicant calls were made making demand for extortion money or protection money. It is alleged that on behalf of the present applicant a call was made making a demand of Rs.50 lakh otherwise complainant should leave the business. On the basis of this complaint, the offence was registered. According to prosecution, the demand was made on behalf of the present applicant, who is a leader of the gang running the organized crime of extortion. 5. The learned counsel for the applicant contends that the contents of the FIR show that it was an attempt by the complainant to ease out his partner accused No.4 Santosh from the cable business and for that purpose a false complaint was lodged. He also contends that the FIR also does not say that the present applicant had himself made any call making any demand. As per the FIR a demand was being made by somebody on behalf of the present complainant. He contends that the applicant has been falsely implicated in this case. The learned APP contends that sufficient material has been collected to show that the present applicant is the leader of the gang running the organized sg 3 BA1678_11 crime and taking into consideration the gravity of the offence bail should not be granted. He also contends that besides the present case, as many as 14 other cases have been registered against the present accused. The police report reveals that he was accused in as many as 14 cases. Out of them, 9 cases were registered u/s 302 r/w 34 IPC. Except one, all those cases were registered during the period from 1990 to 1993. Out of those 9 cases, one is shown in the dormant file. Result of one case filed in 1990 is not known. In remaining 7 cases the applicant was acquitted. Besides this, some cases were registered against him u/ss. 385, 386, 387, 397 IPC but so far he is not convicted in any case. It is true that if a person is involved in a large number of criminal cases, the court has to be cautious while granting bail in a non-bailable offence. However, at the same time Court has also to keep in mind that if in almost every case filed against him he is acquitted, the allegations against his character may not be taken at the face value. 6. In the present case, the FIR discloses that dispute was mainly about the control of business of the complainant. Presuming that the allegations against the present applicant are true, as per the provisions of section 3(1)(ii), 3(2) and 3(4) of M.C.O.C. Act, the sentence which may be awarded is minimum rigorous imprisonment of five years and it may extend to imprisonment for life. As noted above, the applicant is in jail for almost 5 years without trial and thus he has almost completed minimum sentence which may be awarded to him under the law. Inspite of the directions given by this Court to expedite the trial and dispose of the same by June 2011 and then by September 2011, no attempt is made by prosecution to proceed with the trial. The learned APP on instructions makes a statement that the case is fixed tomorrow i.e. 23.11.2011 for framing the charges. It shows that the orders passed by the Court to expedite the trial and dispose of the case has been flouted by the Trial Court and the directions of this Court are not taken seriously. This is highly objectionable. sg 4 BA1678_11 7. Taking into consideration all above facts and the fact that the applicant is already in jail for about five years without trial, the applicant be released on his executing P.R. of Rs.50,000/- with one or more sureties to make up amount, on the condition that he shall not tamper with the prosecution evidence and shall attend Wagale Estate Police Station on 1st and 3rd Firday of every month between 4 p.m. to 6 p.m. till end of the trial. (J. H. BHATIA, J)