5. cr appln 4098&4099-10.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4098 OF 2010 Abdul Samad Shamsher Khan .. Applicant Vs The State of Maharashtra .. Respondent Mr. S.N. Bhonsale i/b Ms. B.P. Jakhade for the Applicant Mr. Raja Thakare a/w Mr. A.M. Chimalkar & Ms. U.V. Kejariwal for the Respondent WITH CRIMINAL APPLICATION NO. 4099 OF 2010 Mohd. Shareef Shabbir Ahmed .. Applicant Vs The State of Maharashtra .. Respondent Mr. Arfan Saith for the Applicant Mr. Raja Thakare a/w Mr. A.M. Chimalkar & Ms. U.V. Kejariwal for the Respondent CORAM : SMT. V.K. TAHILRAMANI, J DATE : 12th OCTOBER, 2010. P.C.: 1. Heard learned advocate for the applicants and learned advocate for the respondent. 2. Both the applicants have preferred these applications through jail for expeditious disposal of the trial. 1 5. cr appln 4098&4099-10.doc 3. Both the applicants are accused in MCOC Special Case No. 16 of 2006 which pertains to Aurangabad Explosive Case. The said case is pending before the Special Judge, MCOCA, Mumbai. 4. Learned advocate for the applicants have stated that the applicants are in custody since May 2006 and hence, the trial be disposed of expeditiously.. 5. Mr. Raja Thakare, learned Special PP has pointed out that the delay was caused in the present case because the co- accused of the present applicants had challenged the constitutionality of MCOCA. In the said case, stay was granted by the Supreme Court in the SLP preferred by some of the co-accused. The said SLP came to be disposed of on 23rd April 2010. In the meantime, the trial in Special Case No. 21 of 2006 started. This case deals with 7/11 Bombay Railway Serial Bomb Blast Case wherein some of the co-accused of the present applicants are the accused. The trial is more than half way through. Mr. Thakre submitted that as the documents in the said case are voluminous and a number of witnesses are required to be examined, it would not be possible to take the present case till the trial in MCOC 21 of 2006 is completed. 6. It is also to be noted that there is only one Court taking up the trials relating to ATS cases. Looking to all these facts, the only order which can be passed is that the 2 5. cr appln 4098&4099-10.doc trial Court to take this matter immediately after the trial in MCOC 21 of 2006 is completed. Once, the trial in the present case starts, the trial to be taken on day to day basis and the trial be disposed of as expeditiously as possible. In case, if for some unforeseen reason, the trial of MCOC 21 of 2006 is stalled, this case may be taken up by the trial Court. 7. Applications disposed of in above terms. 8. Office to communicate this order to the applicants who are currently lodged in Mumbai Central Prison. [SMT. V.K. TAHILRAMANI, J.] 3 5. cr appln 4098&4099-10.doc 4