IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3671 OF 2007 Pradeep Govind Bhalekar... ...... ......Applicant. V/s State of Maharashtra ...... ......Respondent. None for the applicant. Mr.P.A.Pol, APP For the respondent. CORAM: A.P.DESHPANDE, J. 14/3/08 PC: This is an application received from jail making grievance that after the applicant' s discharge from the case by the City Civil Court vide order dated 11.12.06 he was yet again arrested on 19.12.06. An affidavit has been filed by Police Inspector, Vakola police station clarifying therein that by an order dated 11.12.06 the accused came to be discharged only from the provisions of MCOC Act on account of refusal of sanction by Director General of Police to file the charge sheet under section 23(2) of the MCOC Act. It is stated that by mistake the clerk of the Court wrongly intimated the Jail authority that the accused has been discharged from the case when as a matter of fact the case was very much pending for the offence punishable under section 307 of IPC and the provisions of Arms Act. When the said fact was noticed on the next day i.e. 12.12.06 the accused came to be against arrested on 19.12.06. Copy of the order passed in Sessions Case No.124/07 dated 1 11.10.07 is placed on record which goes to reveal that the accused came to be convicted for the offence punishable u/s.307 and sentenced to suffer RI for three years. The accused is also convicted under section 25(1)(b) (a) of the Arms act and sentenced to suffer RI for two years. As the release of the accused on 1.12.06 was itself wrong his re-arrest cannot be faulted. There is no substance in the grievance made by the accused. Hence this application stands rejected. Application for bail to be placed after two weeks for consideration. 14.3.08 2