1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1368 OF 2011 IN CRIMINAL APPEAL NO.1053 OF 2009 Mohd. Nazir Noor Hussain ..Applicant. v/s. The State ..Respondent. Mr. Murtaza Nazmi i/by Santosh Deshpande, advs. for the Applicant. Mr. Y.S.SHinde, APP for the respondent/State. CORAM : J.H.BHATIA, J. DATE : 20th October, 2011 PC : 1 Heard. 2 The applicant was convicted for the offence punishable under Sections 3(1)(ii), 3(2) and 3(4) the MCOC Act and was sentence to undergo R.I. for seven years and also to pay fine of Rs.5 lakh on each count. He was also convicted under Section 386 r/w 120B IPC and sentenced to undergo R.I. for seven years and to pay fine of Rs.1 lakh. His appeal is pending. By the order dated 26th February, 2011 this Court had granted bail to him as he has already undergone more than half of the sentence but condition was to deposit fine amount. Fine amount itself is Rs.16 lakh. Applicant thereafter moved an application for modification of that order in respect of depositing fine amount. That application was rejected on 14th January, 2011. 2 2 The learned counsel for the applicant points out that the said order was challenged before the Supreme Court by filing SLP. However, the Hon'ble Supreme Court refused to interfere because it was a matter of condition of bail but at the same time, gave liberty to the applicant to renew his prayer about the bail and, therefore, he has filed this second application. It may be noted that in some other criminal appeals under the MCOC Act, it was pointed out by this Court that there was some discrepancy in respect of fine amount to be awarded under sections 3(i) and 3(ii) of the MCOC Act and the prosecution was asked to clarify its stand. Thereafter, on behalf of the Government of Maharashtra statement was made that the Government is intending to make an amendment to rectify apparent mistake in the legislation but that will take time, in view of the procedure to be adopted. This fact was noted in the order dated 7th October, 2011 in Criminal Application No.1311 of 2011 by this Court and therefore, bail was granted to the applicant therein at the stage when he was required to undergo sentence only in default of payment of fine. 3 In view of this, applicant is granted bail in terms of the order dated 26th February, 2011 without condition of depositing the fine amount. 4 Application stands disposed off accordingly. (J.H.BHATIA, J.)