BA-489-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.489 OF 2011 Prakash Dhondu Surve @ Papa Surve ... Applicant V/s. The State of Maharashtra, Thru’ Shreenagar Police Station, Thane ... Respondent Mr. Pankaj Kavale for the Applicant. Mrs. S.D. Shinde, APP, for the Respondent. CORAM:- A.M. THIPSAY, J. DATED :- 29 TH JULY, 2011. P.C. : 1. Pursuant to the order passed on 18th July, 2011, a report was called for from the learned Sessions Judge and the learned Special Judge at Thane. The report has been received and I have gone through the same. 2. I have heard Mr. Pankaj Kavale, the learned Advocate for the Applicant, and Mrs. Shinde, the learned APP for the Respondent-State. 3. That the Applicant is not shown to be involved in the present case, cannot be accepted. The contention that there exists no material to show the involvement of the Applicant in the present offence cannot be accepted. The BA-489-11.sxw 2 Dixit statements of A-43, A-48 and the confession of one of the co-accused recorded under the provisions of Section 18 of the M.C.O.C. Act indicate the involvement of the Applicant in the alleged offence. However, what needs to be seen is whether a prima facie case of offences punishable under the M.C.O.C. Act is made out against the Applicant or not. It is contended by Mr. Kavale, the learned Advocate for the Applicant, that the Charge-Sheets, which have been filed as evidence of ‘continuing unlawful activity’, and the sanction order do not, prima facie, indicate that the Applicant can be said to have committed offences punishable under the M.C.O.C. Act. 4. On this, the learned APP for the Respondent submitted that, if there is a challenge to the application of provisions of M.C.O.C. Act, the Applicant should seek some other remedy. I am not able to accept the contention of the learned APP that, while considering the question of bail, the existence or otherwise of a prima facie case in respect of offences punishable under the M.C.O.C. Act is not to be considered. 5. I have gone through the sanction order, in which the co-accused Laxman Naik has been mentioned as the head of the organized crime syndicate. I have examined the copies of the Charge-Sheets, which are relied upon in support of the accusation of offences punishable under the M.C.O.C. Act. The first is in respect of a fight in a Beer Bar. In that case, the Applicant is not an accused. The second Charge-Sheet is only against the co-accused Laxman and it appears that the injured was assaulted by the said co-accused, because he had made propaganda in favour of the First Informant in that case BA-489-11.sxw 3 Dixit during Elections. The third case appears to be of extortion, in which the said co-accused-Laxman is the accused, but the Applicant is not an accused. 6. Without expressing any final opinion on the applicability of the provisions of the M.C.O.C. Act, it may be observed that there are reasonable grounds for believing that the Applicant may not be said to have committed an offence punishable under the M.C.O.C. Act. 7. When such is the situation, I have considered the other aspects of the matter. I find that the Applicant is in custody since 3½ years. I also find from the report submitted by the Special Court that there are no prospects of the case being taken up for trial in near future. I also find that, even if the trial commences, considering the number of witnesses that would be examined, it would take a long time for the conclusion thereof. 8. Mr. Kavale, the learned Advocate for the Applicant, submits that the Applicant may be put to any terms, including attendance everyday to the Police Station and other stringent conditions, as the Court may think necessary. 9. Considering all the relevant aspects of the matter, I am inclined to grant one opportunity to the Applicant of availing of liberty, subject to certain conditions. 10. The Bail Application is allowed. BA-489-11.sxw 4 Dixit 11. The Applicant is ordered to be released on bail in the sum of Rs.1,00,000/-, with one surety in like amount, on the condition that he shall report to the Shreenagar Police Station, Thane, everyday, between 6:00 p.m. to 8:00 p.m., till the disposal of the case against him. [A.M. THIPSAY, J.]