1 Cri-A-3837-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 3837 OF 2009 Shivaji T. Shinde ... Applicant vs. The State of Maharashtra .. Respondents None for the applicant. Smt. G.P.Mulekar, APP, for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 11th February, 2011. P.C. 1. None for the applicant. 2. The applicant, who is in custody since August, 2009 in MCOCA Special Case No.10/2008 pending before the Special Judge, MCOCA at Thane, moved this application through jail for bail on the ground that even though he is in jail for long period, his case is not being disposed of. A report was called from the learned Judge of the trial Court. The learned Additional Sessions Judge, Thane (Mr. P.B.Sawant) has submitted a detailed report dated 4.2.2011 which shows that the application was pending before the Court since long before he took 2 Cri-A-3837-09.sxw over in June 2010. It appears that there are 21 accused persons and several adjournments were taken by the prosecution and due to several other difficulties explained, the application could not be decided. It is also revealed by the learned Additional Sessions Judge that he is Special Judge for MCOCA and NDPS Act. In cases under both the Laws, the accused are generally languishing in jail for long. Besides this, he has to deal with other time-bound cases as per the directions of the High Court and Supreme Court. It appears that due to heavy pendency in his Court, the matter could not be taken up. Now he has assured that he will dispose o the matter with utmost ability and endeavour. As the application for bail filed by the present applicant is pending before the Special Court, I find that this application may be disposed of by giving direction to the trial Court to hear and dispose of the bail application as early as possible and within specified period. 3. Therefore, the trial Court shall expedite the hearing of the bail application of the present applicant and dispose of the same by the end of March, 2011. 4. The Registrar - Judicial shall also place the report from the learned Additional Sessions Judge, Thane before the Hon'ble Chief Justice to consider whether the powers of the Special Judge under the MCOCA and NDPS Act could 3 Cri-A-3837-09.sxw be vested in two different officers so that there should not be over-burden of under-trial cases in one Court only. 5. R & P be returned. (J.H.BHATIA,J.)