1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2151 OF 2008 Ashok Kumar Madhavlal Anchaliya ..... Applicant. V/s State of Maharashtra ...... Respondent. Mr. Dinesh D. Tiwari with Ms. Sheetal P. for the applicant. Mr. S.R. Shinde, APP for the State. CORAM : V.M. KANADE, J. DATE : 3rd March, 2009 P.C.:- 1. Heard the learned Counsel for the applicant and the learned APP for the State. 2. Applicant has been arrested in connection with the offence punishable under sections 342 to 452, 395, 412 of the Indian Penal Code read with section 25(3) of the Arms Act read with section 3 of the MCOC Act. Applicant is in jail since last two years. Applicant is a jeweller by profession. It is alleged that the applicant used to help the members of organized crime syndicate of Jagansingh @ Rahul @ Vicky @ Vinusingh Tarasingh Kalani in selling stolen goods received in various robberies which were committed by them. This being the only allegation against him, prima facie it appears that provisions of MCOC Act may not be attracted since there is no material on record to indicate that he has acted as a 2 member of the organized crime syndicate in committing robbery or dacoity in the said area. At the highest, it can be said that he is a habitual receiver of stolen property and, therefore, he may be convicted under section 411 of the Indian Penal Code. Applicant, therefore, in my view, is not likely to be convicted under section 3 of the MCOC Act. Applicant has already under gone 2 years of sentence as an under trial prisoner and since the trial is not likely to begin immediately in near future, he is entitled to be released on bail. 3. Applicant be released on bail in case No.5 of 2007 pending on the file of Special Judge under MCOC Act at Thane, Maharashtra in the sum of Rs 10,000/- with one or two sureties in the like amount. He shall report to the concerned Police Station once in a month. 4. Application is disposed of. (V.M. KANADE, J.)