TMI Blog2005 (5) TMI 687X X X X Extracts X X X X X X X X Extracts X X X X ..... radesh Control of Organized Crime Act, 2001 (for short 'The Act'). The charge-sheet has since been filed in the Court of IX Metropolitan Magistrate, Hyderabad. She moved the Sessions Court for bail and on rejection, she moved the High Court. The High Court declined to grant bail on the ground that though not Section 3(4), Section 3(2) of the Act is prima facie attracted and therefore the provisions contained in Section 21(4) of the Act limiting the powers of the Court to grant bail would apply. The High Court observed that it is not reasonably possible to conclude at this stage there are no reasonable grounds for believing that she is not guilty of the offence and that she is not likely to commit any offence while on bail. The requ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is also not free from doubt. Learned counsel for the State sought to contend that there are certain circumstances which throw light on the appellant's association with A-1 and the other accused, who are organized criminals. But, these circumstances by themselves may not lead to the inference of guilt. What is required to be seen under Section 21(4) of the Act is that the Court should be satisfied that there are reasonable grounds for believing that the accused is not guilty of the offence of committing organized crime and that he/she is not likely to commit any offence while on bail. A provision in pari materia was construed by this Court in Ranjitsing Brahmajeetsing Sharma v. State of Maharashtra and Anr. reported in 2005CriLJ2533. Ju ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd requirement, it was laid down Similarly, the court will be required to record a finding as to the possibility of his committing a crime after grant of bail. However, such an offence in future must be an offence under the Act and not any other offence. Since it is difficult to predict the future conduct of an accused, the court must necessarily consider this aspect of the matter having regard to the antecedents of the accused, his propensities and the nature and manner in which he is alleged to have committed the offence . It was again pointed out that the duty of the court at this stage is not to weigh the evidence meticulously but to arrive at a finding on the basis of broad probabilities. The evidence recorded by the High Court while ..... X X X X Extracts X X X X X X X X Extracts X X X X
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