1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR Criminal Application No.4169 of 2008 (Mohd. Shanu @ Mustfa s/o Jamil Khan Pathan v. The State of Maharashtra) -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri R.K. Tiwari, Advocate for Applicant. Shri S.S. Doifode, APP for Non-Applicant. CORAM : R.C. Chavan, J. DATE : 3rd December, 2008 This is an application for bail by an accused, who has been arrested for having committed offence punishable under Sections 3(1)(ii) and 3(4) of M.C.O.C. Act. The application is strongly opposed by the learned APP for the non-applicant. From the reply filed by the learned APP, it seems that there is no substantive crime, which could be said to have been committed by the applicant as a part of his continuing unlawful activity. The criminal history of the applicant shows that he is a thief and has been chargesheeted for several offences punishable under Sections 380 and 379 as also 461, 453, 457, 458 and 393 of the Penal Code. The learned APP states that the case is now fixed for framing of charge and, therefore, the bail application may be rejected. Considering the nature of offences, which the 2 applicant is alleged to have committed in the past, and also the fact that there is no substantive offence for which the applicant is sought to be tried under M.C.O.C. Act, the application is allowed. The applicant be released on bail on his furnishing a PR bond of Rs.1 lac with one or more solvent sureties in the like amount on the condition that he shall attend the Police Station concerned every day at 7 p.m. till the trial is over. Hamdast allowed. JUDGE pdl