1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 984 OF 2008 IN APPEAL NO. 246 OF 2004 Shashikant Mahadeo Birje .......Applicant versus State of Maharashtra ....... Respondant. Mr. Rajendra Shirodkar Applicant Mrs. V.R. Bhosale APP for State. CORAM: S. B. MHASE & R. V. MORE, JJ. DATED: 23rd OCTOBER, 2008. P.C.: 1. Heard the learned counsel. The petitioner has been convicted under section 302 IPC r/w Provisions of Sec. 3(2) of MCOC Act for committing murder of one deceased Mahendra Khanwilkar. On perusal of section 21(4) of MCOC Act , it is noticed that even during trial the petitioner was not entitled to get bail unless Court is satisfied that there are no reasonable ground to hold the accused guilty of such offence and that he is not likely to commit such offence if released on bail. 2 In the present matter what we find, applying this test the accused has been found guilty of offence under IPC and MCOC Act and therefore applying the test of section 21(4) , this is not a case for bail. Application is rejected. Hearing of appeal expedited. (R.V. MORE,J) S. B. MHASE, J.