far as the antecedents are concerned, in one antecedent being C. R. No.I-196 of 2015 registered with the Nerul Police Station, the Applicant has been granted bail by invoking Section 167 of the CrPC. As far as another antecedent, being C. R. No.267 of 2015 registered with the Dahisar Police Station (transferred to the DCB, CID vide C. R. No.67 of 2015), he pointed out the Judgment of the learned Special Judge, MCOC, City Civil and Sessions Court, Greater Bombay dated 28.12.2021 in Spl. Case No.20 of 2015 and submitted that although he has been convicted for the offence punishable under Sections 3 and 25 of the Arms Act, 1959 and he has been sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.5,000/-, the Applicant has been acquitted for the offences punishable under Sections 3(1)(2) and 3(4) of the Maharashtra Control of Organised Crime Act, 1999 (“MCOC Act”). He also relied on the decision of the Supreme Court in the case of Prabhakar Tewari v. State of U.P.1 . He submitted that merely there are antecedents, the Bail Application need not be rejected. He therefore prayed that the Bail Application be allowed.
