Judgmnet A. S. OKA, J. ( 1 ) SUBMISSIONS of the learned Counsel appearing for the parties were heard on the last date. This is an application for bail made by the Applicant who was at the relevant time an Assistant commissioner of Police at Pune. The offence is relating to printing of counterfeit stamp papers and sale thereof in different parts of the country. This offence had threatened the economy of the country. The principal accused in this case is Abdul Karim Telgi, who will hereinafter be referred to "the said telgi". The allegation of the prosecution is that the counterfeit stamps and the machinery used for printing the stamps worth rs. 2189 crores has been seized by the Police and the investigating agency. The prosecution has applied various sections of the indian Penal Code and the Prevention of corruption Act, 1988 against the accused in the present case. Later on charge under sections 3 (2) and 24 of the Maharashtra control of Organized Crime Act, 1999 was added. On 7th June, 2002, FIR was registered at Bund Garden Police Station, Pune on the basis of recovery of fake stamps and stamp tickets from an Indica Car. Considering the facts of the case, the provisions of the MCOC Act were applied to the case. On 2nd November, 2002, the investigation was entrusted to a Special Investigating Team constituted by the State Government. Later on the investigation was entrusted to C. B. I. ( 2 ) BEFORE referring to the submissions made by the learned Counsel appearing for the parties, it will be necessary to refer to the general nature of allegations in the supplementary charge-sheet with which we are concerned in this application, which are as under:28. As a consequence of the continuing unlawful activities of sale of Counterfeit Government Stamps and Stamp Papers, three criminal cases were registered against kingpin AKL Telgi (A-23) and his associates viz. CR No. 302/95 PS Cuffe Parade, CR No. 355/95 PS MRA Marg and CR No. 382/95 ps Cuiffe Parade all of which were related to sale of Counterfiet Govt. Stamps and stamp Papers and as a consequence thereof the Government Stamp Vending License issued to AKL Telgi (A-23) was cancelled on 21. 06. 95 by Shri Radheshyam Mopalwar, the then Collector of Stamps. 29. Stamps and stamp Papers and as a consequence thereof the Government Stamp Vending License issued to AKL Telgi (A-23) was cancelled on 21. 06. 95 by Shri Radheshyam Mopalwar, the then Collector of Stamps. 29. Investigation conducted by CBI further disclosed that it was during this period that akl Telgi (A-23) had started threatening complainant of one of the cases and it is revealed during investigation that AKL Telgi (A-23) had a close contact with R. S. Sharma (A-60) who was Jt. Commissioner (Crime), mumbai. On account of the active connivance of the police personnel working under rs Sharma (A-60) the then jt. Commissioner of Police (Crime), Mumbai akl Telgi (A-23), Telgi continued to indulge in unlawful activities of the sale of Counterfeit Govt. Stamps and Stamp Papers and remained at large even though his Anticipatory Bail was rejected by Bombay High court as is evident from the statement of witness Shri Radheshyam Mopalwar, the then Supdt. of Stamps, Mumbai. 63. In carrying out unlawful activities of the organized Crime Syndicate in the aforementioned manner kingpin AKL Telgi (A-23) and the members of the Organized Crime Syndicate also used violence, threat of violence, intimidation and coercion and other unlawful means with objective of gaining pecuniary benefits or other advantage to himself and to the members of his Organized Crime syndicate. This is evident from the fact that one Christopher, a member of the Organized Crime Syndicate, who was working at chennai office, was done to death at mumbai over the issue of financial disputes of the Organized Crime Syndicate, Suraj shridhar Bhutki (A-41), Kadarsha Mohd. Singoti (A-8), Pramod Mahadev Janvekar (A- 37) and Shekar Dilip Janvekar (A-38) have in their confessional statement also deposed about the use of violence, threat of violence, intimidation and coercion in the working of the Organized Crime Syndicate. 64. While continuing these unlawful activities, it was also necessary to ensure that the organized Crime Syndicate was given the necessary protection and immunity from legal punishment and with that objective in mind AKL Telgi (A-23) developed contacts with Politicians and Public Servants and subverted them and went to the extent of sharing the booty from out of the ill-gotten gains of the Organized Crime Syndicate. During the period that AKL Telgi (A-23) was in Central Prison, Bangalore the present case came to be detected and registered, despite having made initial attempts from the Central Prison, Bangalore through the members of his Organised Crime Syndicate to sabotage the Investigation, which is evidence by the fact that Manoj Ramesh Mehta (A-43) was camping in Pune Hotel Pride on 07. 06. 02 and AKL Telgi (A-23) had sent Rs. 5 lacs through Tabrez Ahmed Abdul Rahim telgi (A-64) to Manoj Ramesh Mehta (A-43), who was the mediator and who had even on previous occasions acted as such. Though, the case came to be registered on 7th June. 2002. with a view to sabotage the investigation an officer closely associated with the investigation viz. ACP Mohd. Chand mulani (A-611 was subverted through Abdul rashid S. Kulkarni (A-491. and was paid an amount of Rs. 15 lacs as illegal gratification. Similarly, huge amounts were paid to scuttle the investigation in Mumbai cases against the members of the Organized Crime syndicate through Dilip P. Kamath (A-44) as elaborated in this charge-sheet. Also, in a case registered in the year 1999 as PS Meera road, vide CR No. 274/99 an amount of rs. 50,000/- was paid through Pratap kakade (since deceased) to subvert the police officers and scuttle the investigation and indeed, though the Investigating Team could discover the printing press from where the counterfiet Govt. Stamps and Stamp Papers were being printed did not take any measures to seize or seal the press. Similarly, on 20. 05. 02 an amount of Rs. 15 lacs was arranged to be paid through Kadarsha mohd. Singoti (A-8) by AKL Telgi (A-23) to vashishta Rambhau Andhale (A-55) for ensuring that no legal action whatsoever is initiated against the members of the Organized Crime Syndicate, who had in fact been found with Counterfeit Government Stamps and Stamp Papers. 65. Investigation has revealed the acquaintance of ranjitsingh B, Sharma (A-60) right since the year 1995 and therefore while acting as Commissioner of Police, Pune although he was sounded regarding subversion of mulani, who was associated with the investigation of this case, by ACS, Home, maharashtra Shri Ashok Basak. As a part of conspiracy Mohd. Chand Mulani (A-61) was not promptly neutralized coupled with his interrogation of AKL Telgi (A-23) to the exclusion of other senior officers of Pune police. As a part of conspiracy Mohd. Chand Mulani (A-61) was not promptly neutralized coupled with his interrogation of AKL Telgi (A-23) to the exclusion of other senior officers of Pune police. He took charge as Commissioner of police, Mumbai in January 2003 with full knowledge of the immense activities of the organized Crime Syndicate of AKL Telgi (A- 23 ). His failure to ensure immediate neutralization of dilip P. Kamath (A-44), an officer closely associated with the investigation of various cases against AKL Telgi (A- 23) and the members of the Organized crime Syndicate, even after the input received from Shri S. K. Jaiswal DIG, Pune and adg Shri R. Srikumar of STAMPIT, bangalore, points towards his subversion by the Organized Crime Syndicate, as his actions exhibit the help and support to the organized Crime Syndicate rendered by ranjitsingh Brahmajitsingh Sharma (A-60) through Dilip Pandurang Kamath (A-44) for ensuring the continuing unlawful activities. 340. Investigation has further disclosed that as a result of the conspiracy hatched by akl Telgi (A-23) and Abdul Rashid Kulkarni (A-49), this accused was visiting Pune and staying in Hotel Swan-In, Pune. Mohd. Chand Mulani (A-611 had gained control over investigation and was supervising the same under orders of Addl. CP. Pune and abdul Rashid Kulkarni (A-49) was in contact with him at Pune. In this capacity mohd. Chand Mulani (A-61) was aware about the arrested persons, witnesses examined and also details of likely arrests and other facts of the case and had also issued a large number of written instructions to isp. Banks, purchasers of stamp papers etc. to produce documents etc, and was hence playing an important role in investigation. After being successful in establishing contacts and visiting the office of Mohd. Chand mulani (A-61 ). this accused tried to subvert the investigation from reaching a logical end and in this connection towards the last week of August 2002 as a part of the said criminal conspiracy. Mohd. Chand mulani (A-61 ). Abdul Rashid Kulkarni (A- 49 ). and Shri V. K. Gunjal met at Residency club Pune where Abdul Rashid Kulkarni (A-49) paid an amount of Rs. 15 lacs in cash to Mohd. Chand Mulani (A-61) as a consideration for rendering help to the unlawful activities of Organized Crime Syndicate by showing favour in the instant case. Thus. Mohd. Abdul Rashid Kulkarni (A- 49 ). and Shri V. K. Gunjal met at Residency club Pune where Abdul Rashid Kulkarni (A-49) paid an amount of Rs. 15 lacs in cash to Mohd. Chand Mulani (A-61) as a consideration for rendering help to the unlawful activities of Organized Crime Syndicate by showing favour in the instant case. Thus. Mohd. Chand Mulani (A-611 was a direct recipient of funds from the Organized Crime syndicate of AKL Telgi (A-23) for showing various to AKL Telgi (A-23) for facilitating his unlawful activities. 345. Investigation has established that mobile no. 9821688148 was used by Abdul Rashid kulkarni (A-49) and communicated with akl Telgi (A-23) when he was in the custody of Crime branch, Unit-V, Dharavi, mumbai. The analysis of the said mobile phone has revealed as under:-