1 rma IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 644 OF 2010 IN CRIMINAL APPEAL NO.1134 OF 2009 IN M.O.C. SPL. CASE NO. 3 OF 2008 Bappa Laxman Shinde .. Applicant Vs The State of Maharashtra .. Respondent Khan Abdul Wahab for the Applicant Ms. P.H. Kantharia, APP for the State CORAM : SMT. RANJANA DESAI & SMT. V.K. TAHILRAMANI, JJ DATE : 7th May, 2010 P.C.: 1. The applicant was acquitted by the Special Court of the commission of offences punishable under section(s) 3(1) (i), 3(1)(ii), 3(2) r/w. 3(4) of the Maharashtra Control of Organized Crime Act, 1999 (M.C.O.C.), Section 302 r/w. 120(B), 302 r/w. 34, 387 r/w. 34 of the Indian Penal Code (I.P.C.) and section 3(1)(i) r/w 25(1-B)(a) r/w. 27(1) of the Arms Act and section 37 r/w. 135 of the Bombay Police Act. Being aggrieved by the said order, the State of Maharashtra has preferred the instant appeal. In that appeal, this Court granted leave on 19.11.2009. Appeal 4.appa644-10 2 was admitted. This Court directed that action under section 390 of Cr.P.C. be initiated. It appears that pursuant to the said order, the applicant was arrested. The applicant preferred application for bail before the Sessions Court. By order dated 25.03.2010, the Sessions Court rejected the application. Perusal of the order of the Sessions Court shows that the prosecutor did not remain present to oppose the bail. However, the application was rejected on the ground that the applicant was not on bail in the trial Court and that the appeal filed by the State of Maharashtra is admitted by this Court. The applicant has, thereafter, approached this Court for bail. 2. We have heard learned counsel for the applicant and we have also heard learned APP. Considering the fact that the applicant has been acquitted, in our opinion, he should be released on bail after imposing stringent conditions on him. Hence, we proceed to pass the following order: O R D E R 1. Applicant - Bappa Laxman Shinde is directed to be released on bail in the sum of Rs. 30000/- [ Rs. Thirty Thousand Only] with one or two sureties to make up the said amount. While on bail, the applicant shall attend D.C.B., C.I.D., Unit 1, Mumbai office once in a month. 4.appa644-10 3 Needles to say that the surety will be furnished in the trial Court and it shall be to the satisfaction of the trial Court. 2. Application is disposed of. [SMT. RANJANA DESAI, J.] [SMT. V.K. TAHILRAMANI, J.] 4.appa644-10