1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CRIMINAL APPLICATION NO. 2224/2009 (Mohd. Afroz s/o Mohd. Jiyauddin vs. State of Maharashtra) --------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memorandum of Coram Court's or Judges Order appearances, Court's orders of directions & Registrar's orders. .......................................................................................................................................................... Mr R K Tiwari Adv.for applicant Mr D B Patel APP for Respondent -State CORAM: A.P. BHANGALE,J. DATED: 06 th August, 2009. 1. Heard. 2. The applicant is seeking grant of bail in respect of Crime No. 3035/2005 registered at Sonegaon Police Station for offence punishable under sections 3 (1) (ii), 3(2) & 3(4) of Maharashtra Control of Organized Crimes Act Act ( in short “MCOC Act”). The learned Advocate for the applicant contended that the applicant has been arrested merely on the basis of past charge-sheets reported against him and without any fresh commission of crime, he has been prosecuted under the MCOC Act and charge-sheet has been filed in the learned Special Court, Nagpur on 9th March, 2006. He therefore, prays for grant of bail. 3. Learned APP opposed the bail tooth and nail, on the ground that earlier Bail Application No.2910/2007 by the applicant was dismissed for want of prosecution. The applicant had also filed application for bail before the Special Court designated under MCOC Act at Nagpur, which also came to be rejected on 17.5.2007 by a well-reasoned order. The applicant is facing prosecution on the ground that he along with other co- accused formed an organized crime syndicate and committed offences by using violence and threat of violence with the object of gaining pecuniary benefit for themselves. The appliant is a member of the 2 organized crime syndicate, wherein he used the violence with other unlawful object of gaining pecuniary benefits. It is further alleged that he is a gangleader, therefore, is not entitled for grant of bail. It is contended that since 1998, in all 24 criminal cases with serious accusations were filed in which the applicant was charge-sheeted as also preventive action was required to be taken against him u/s 110 of the Bombay Police Act., 4. Learned Public Prosecutor also specifically stated that trial of the present applicant is going on and almost all prosecution witnesses have been examined except a few and the trial will be completed in near future. 5. For the reasons stated hereinabove, I am not inclined to grant bail, particularly bearing in mind the additional restrictions in the matter of grant of bail in special cases under MCOC Act. Application is rejected. It is open for the learned Advocate for the applicant to argue merits of the applicant’s case before the Special Court since the trial is near completion. JUDGE. sahare