BHOSALE D.B., J.:---Heard Mr. Manohar, learned Senior Counsel, for the applicant and Mr. Chari, learned Senior Counsel, for respondent No. 2-CBI and Mr. V.B. Konde-Deshmukh, learned Addl. Public Prosecutor for respondent No. 1-State.

2. This application raises several questions of law and some of them pose very serious questions of far reaching consequences. It is filed by the applicant under sections 439 and 482 of the Code of Criminal Procedure for being released on bail in C.R. No. 135 of 2002 registered at Bund Garden Police Station under the various provisions of Indian Penal Code and sections 3(2), (5) with particular reference to section 2(1)(a) and (b) and section 24 of Maharashtra Control of Organised Crimes Act, 1999 (for short, "MCOCA"). His application seeking bail under section 21(4)(b) of MCOCA was rejected by the learned Special Judge (under MCOCA), Pune, by order dated 19-1-2004.

3. The crime was initially registered by Bund Garden Police Station for offences under sections 120-B, 255, 249, 260, 263-A(b), 478, 472 and 474 read with section 34 of the I.P.C. against the three accused who came to be arrested on 7-6-2002. As the investigation progressed, the inves