AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.131 OF 2010 The State of Maharashtra ... Appellants Vs. Suresh Shyamrao Shinde @ Laxman ... Respondent Ms. P.H. Kantharia, A.P.P. for the appellant-State. CORAM: MRS. RANJANA DESAI & MRS. V.K. TAHILRAMANI, JJ. DATED : 2ND JULY, 2010. P.C.:- 1. The State of Maharashtra has filed this appeal for quashing and setting aside order dated 16/3/2009 passed by the Additional Special Judge, Greater Mumbai in MCOC Special Case No.8 of 2006 allowing the application filed by the respondent for bail. By the said order, the respondent has been released on bail. Learned A.P.P. informs us that after his release on bail, the respondent has misused the liberty granted to him. Therefore, the State wants his bail order to be cancelled. AJN 2 2. We have been shown order dated 5/2/2008 passed by the Division Bench of this court presided over by Justice Bilal Nazki on Criminal Appeal No.690 of 2007 with Criminal Application No.836 of 2007 where the Division Bench has held that an appeal against an order granting bail to the accused is not maintainable in view of Section 12 of the Maharashtra Control of Organized Crime Act, 1999 which says that appeal against an interlocutory order passed by the Special Court is not maintainable. 3. In view of this and considering the view expressed by this court in order dated 5/2/2008 referred to hereinabove, the appeal is dismissed with liberty to the appellant to adopt appropriate proceedings. Needless to say that we have not considered the merits of the case. [MRS. RANJANA DESAI, J.] [MRS. V.K. TAHILRAMANI, J.]