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4. One Abdul Karim Ladsab Telgi (hereinafter referred to as 'Telgi') was arrested and proceeded against for alleged commission of offences of printing and distributing counterfeit stamps/papers on a very large scale. During investigations, stamps/papers worth Rs.2,128 crores were seized. A second search on 11.1.2003 at one of the premises occupied by Telgi, conducted by the Special Investigating Team, resulted in the recovery of a micro audio cassette. The said cassette contained recording of alleged conversation between the appellant and Telgi. The date mentioned on the said cassette is 16.1.1998. On an analysis of the voice samples of the appellant, the Forensic Laboratory opined that the voice recorded in the said cassette was that of the appellant.

5. The case of the prosecution, based on the cassette, is that in the year 1998 the appellant was involved in the kidnapping of two employees of Telgi, namely, Abdul Wahid and Sadashiva. He demanded a ransom of Rs.2 crores from Telgi for their release. A deal materialised and as a result thereof the appellant came closer to Telgi. The friendship between the appellant and Telgi blossomed and as a result wherefor, the appellant rendered active support and help to Telgi in his alleged unlawful activities of Organised Crime Syndicate in the State of Andhra Pradesh relating to printing of counterfeit stamps and other documents and sale thereof. The allegation, in short, is that the appellant received huge amounts of money from time to time from the Organised Crime Syndicate, headed by Telgi, and in return, being an influential political person, provided a protective umbrella to the Organised Crime Syndicate in carrying out unlawful activities in the State of Andhra Pradesh, and thus, knowingly facilitated and abetted the commission of an Organised Crime by the Syndicate of Telgi.

10. Mr. Sushil Kumar, learned senior counsel appearing for the respondents, while opposing the bail to the appellant, has submitted that there is enough evidence on record to show that the appellant had abetted the said organised activity. Learned counsel has contended that the allegation regarding kidnapping of two men belonging to Telgi and demanding ransom cannot be termed as anti-thesis to the prosecution case and in fact the said act on the part of the appellant was the beginning of his association with Telgi which ultimately blossomed into close relationship with Telgi, which led the appellant to actively support the Organised Crime Syndicate of Telgi and in return he received large amounts from him.

15. Bearing in mind the above broad principles, we may now consider the merits of the appeal.

16. At this stage, it is neither necessary nor desirable to weigh the evidence meticulously to arrive at a positive finding as to whether or not the appellant has committed offences under Section 3(2) or Section 24 of MCOCA. What is to be seen is whether there is a reasonable ground for believing that the appellant is not guilty of the two offences, he has been charged with, and further that he is not likely to commit an offence under MCOCA while on bail. As noted above, the circumstance which has weighed with the High Court to conclude that the appellant had the knowledge of Organised Crime Syndicate of Telgi, printing fake stamps etc. and these were being sold under the protection of the appellant and hence he had abetted an organised crime, is the alleged conversation between him and Telgi in January, 1998, after the kidnapping incident. In our view, the alleged conversation may show appellant's acquaintance with Telgi but may not per se be sufficient to prove appellant's direct role with the commission of an organized crime by Telgi, to bring home an offence of abetment in the commission of organized crime falling within the ambit of Section 3(2) of MCOCA and/or that he had rendered any help or support in the commission of an organized crime whether before or after the commission of such offence by a member of an organized crime syndicate or had abstained from taking lawful measures under MCOCA, thus, falling within the purview of Section 24 of MCOCA. It is true that when the gravity of the offence alleged is severe, mere period of incarceration or the fact that the trial is not likely to be concluded in the near future either by itself or conjointly may not entitle the accused to be enlarged on bail. Nevertheless, both these factors may also be taken into consideration while deciding the question of grant of bail.