IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.70 OF 2008 IN CRIMINAL APPEAL NO.603 OF 2007 IN M.C.O.C.SPL.CASE NO.7 OF 2004 Shirajuddin M.Sayyed ...Applicant (Ori.Accd.No.4) Versus The State of Maharashtra ...Respondents ...... Mr.H.E.Mooman for Applicant. Mr.V.B.Konde-Deshmukh, A.P.P. for Respondents. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. APRIL 3, 2008. APRIL 3, 2008. APRIL 3, 2008. P.C. P.C. P.C. 1. Heard Counsel for the parties. Indeed, the learned A.P.P. may be justified in pointing out that the offence for which the Applicant has been found guilty is a serious offence punishable under Section 3(1)(ii) of the M.C.O.C. Act, 1999 as also Section 3(2) r/w Section 2(a) and Section 3(4) of the Act. The fact remains that co-accused : 2 : in the same case has already been ordered to be released on bail by the Apex Court on the ground that he had already undergone imprisonment for about three and a half years and although he is convicted and sentenced for five years. Reliance is placed by the Applicant on the order of the Apex Court in the case of Mohammed Amin Mohd.Ilyas @ Mansoor @ Anthony being ALP (Cri.) No.4741 of 2007 decided on 3rd January 2008 which reads thus: "ORDER Leave granted. It is stated by the learned counsel for the appellant that the appellant has already undergone imprisonment for about three & half years although he is convicted and sentenced for five years, he is directed to be released on bail to the satisfaction and subject to the conditions as may be laid down by the learned Special Judge. The appeal is disposed of with the aforementioned direction." 2. Learned A.P.P. on the other hand relies on the decision of our High Court in the case of another co-accused. However, I am bound by the opinion recorded by the Apex Court in the case of accused No.1 in the same case. Even in the case of : 3 : present Applicant, he has undergone imprisonment for about 3 years and 7 months as of now. For that reason, the Applicant is justified in relying on the order passed by the Apex Court in the case of co-accused/accused No.1 in the same case. Accordingly, the Applicant is ordered to be released on bail on the following conditions: (a) The Applicant Shirajuddin M.Sayyed is directed to be released on bail in connection with offence in MCOC Spl.Case No.7 of 2004, if not required in any other case, on executing PR bond in the sum of Rs.25,000/- (Rupees Twenty-five Thousand) with two solvent sureties in the like amount. (b) The Applicant shall not leave territory of Greater Mumbai without the written permission of this Court. (c) The Applicant shall report to J.J.Marg Police Station once in a fortnight on Monday between 10.00 a.m. to : 4 : 11.00 a.m. till the decision of the pending Appeal. (d) The Applicant shall inform his latest place of residence immediately after being released and/or change of residence, if any from time to time to the Assistant Commissioner of Police. (e) The Applicant shall surrender his passport with DCB, CID, Unit-I, to be retained by the said Investigating Officer till further order to be passed by this Court. . Application disposed of accordingly. A.M.KHANWILKAR, J.