This second bail application is moved by the accused applicant-petitioner before this court. First one was rejected by this court on 25.10.2007. The said order was subject matter of Special Leave Petition (Criminal) No. 4118 of 2008. In the said petition notice was issued to the cm and the respondent No.2. They filed an affidavit alongwith list of evidence collected against the applicant-petitioner after his arrest till filing of the charge-sheet. Copies of which are produced on record.

2. The aforesaid Special Leave Petition was withdrawn by the petitioner since the other one accused person was enlarged on bail by this court and another accused by Special Judge under Maharashtra Control of Organised Crime Act, after 25.10.2007. The petitioner applicant, therefore, withdrew Special Leave Petition which was permitted to be withdrawn under order dated 15.10.2008 with liberty to approach this court. In the aforesaid circumstances the applicant-petitioner has again moved this application before this court to seek bail under section 439 of the Code of the Criminal Procedure, 1973 (the Code) read with section 21(4) of MCOC Act 1999.

The Factual Matrix:

3. The factual matrix revea