1 APPLN 5280 OF 2010 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5280 OF 2010. Sandeep Namdeo Tivrekar and ors .. Applicants -versus The State of Maharashtra .. Respondent. Mr. J.A. Vithalani, for the Applicants. Mrs. S.D. Shinde, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 20th December, 2010 P.C. 1. This is an application for bail by default. The applicants who have been arrested and now chargesheet under the provisions of Maharashtra Control of Organized Crime Act. On 16th August, 2010 the applicants were served with notice by the Assistant Commissioner of Police, Vasihi Division, informing the applicants that the Investigating Officer intended to seek extension of time to complete investigatigation and file chargesheet in the Court, by 90 days. The applicants refused to accept this notice. On 17.8.2010, learned Special Judge under M.C.O.C, Act, granted further period of 90 days for completing the investigation. Now the investigation has been completed and the chargesheet has been filed on 12.11.2010. 2 APPLN 5280 OF 2010 2. The grievance of the learned counsel for the applicant is that the applicants were not given meaningful opportunity of opposing application for extension of time for completion of investigation is not without any substance. He is right in submitting that if the Investigating Officer slaps notice to the applicants in jail on 16.8.2010 and informs them of pressing the application for extension of time before Special Judge under MCOC Act, on 17.8.2010, when they were not to be produced in the Court on that day, they were factually being denied the right to be heard. All the same, applicants could have taken this ground had they accepted the notice. Their refusal to accept notice indicates their desire not to participate in the proceeding and therefore, the applicants are not entitled to bail by default. The application is rejected. (R. C. CHAVAN, J.)