1. This is an Appeal preferred by original Accused No.9-Lt. Col. Prasad Purohit in M.C.O.C. Special Case No.1 of 2009 alias M.C.O.C. Special Case No.8 of 2011 alias N.I.A. Special Case No.1 of 2016, challenging the order dated 26th September 2016 passed by the Special Court, constituted under MCOC Act and NIA Act at Mumbai, thereby rejecting his application for bail (Exhibit No.3139).

2. Appellant is one of the twelve accused, who are charge-sheeted by 'Anti Terrorist Squad, Mumbai', (for short, "ATS"), under sections 302, 307, 326, 324, 427, 153A and 120B of the Indian Penal Code, (for short, "IPC"), r/w. Sections 3, 4, 5 and 6 of the Explosive Substances Act, 1908, (for short, "ES Act"), r/w. Sections 3, 5 and 25 of the Arms Act, 1959, (for short, "Arms Act"), r/w. Sections 15, 16, 17, 18, 20 and 23 of Unlawful Activities (Prevention) Act, 1967, (for short, "UAP Act"), r/w. Sections 3(1) (i), 3(1)(ii), 3(2), 3(4) and 3(5) of the Maharashtra Control of Organized Crime Act, 1999, (for short, "MCOC Act").

3. Brief facts of the case, which may be relevant for deciding this Appeal and which are summarized by Special Court in its order and which are otherwise also not controver