IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.719 OF 2009 1.Devendra alias Deven Vitthal Varunkar 2.Anant Baburao Nemade ...Applicants Vs. The State of Maharashtra ... Respondent --- Shri Revati M. Dere for Applicants Shri D.P. Adsule, APP for State ---- CORAM: V.M. KANADE J. DATED 18TH FEBRUARY, 2009 P.C. 1. This is an application for bail. The Applicants seek order of bail on account of right which is accrued in their favour under section 167 (2) of the Code of Criminal Procedure. The Applicants were remanded to police custody on 31.8.2008. The period of 90 days expired on 28.11.2008. It is an admitted position that provision of MCOC Act was invoked after remand of the accused. No application was made for extension of time as contemplated under section 21 (2) of the said Act. No notice was also given to the Applicants. Extension was granted on 2nd December, 2008. 2. The learned Counsel appearing on behalf of the Applicants submitted that this Court was pleased to grant bail to one of the co-accused in respect of the said offence by order dated 30th January, 2009 in Criminal Application No.64 of 2009. It is admitted that the facts of the said case are identical to the facts of the present case. The Applicants, therefore, are entitled to be released on bail on account of non-compliance of the provisions of section 167(2) of the Criminal Procedure Code for the same reasons stated in the Criminal Application No.64 of 2009. 3. The Applicants, therefore, be released on bail in C.R. No. 351 of 2008 registered at Turbhe Police Station and subsequently transferred to Crime Branch, Navi Mumbai in a sum of Rs.25,000/- with one or two sureties in the like amount. They shall not enter the jurisdiction of Turbhe Police Station till pending the hearing and final disposal of the case. They shall report to Crime Branch, Navi Mumbai twice in a week. 4. It is submitted that in the prayer clause the wrong C.R. is mentioned The learned Counsel for the Applicant seeks leave to amend. Leave to amend is granted. Amendment to be carried out forthwith. 5. Application is disposed of. V.M. KANADE J.