1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRI.APPLICATION NO.224 OF 2011 Mr.Prashant SumanPrakash Saxena.. Applicant vs The State of Maharashtra .. Respondents with CRI.APPLICATION No.826 OF 2011 Mr.Chandresh Sumanprakash Saxena .. Applicant vs The State of Maharashtra .. Respondents Mr.Kamlesh Gujar for Applicant in Cr.Appln no.224/2011 Mr.Pankaj Kawale for Applicant in Cri.Appln.no.826/2011 Mr.A.S.Shitole APP for State CORAM : K.U.CHANDIWAL, J DATE : 21st September, 2011 P.C. 1. Affidavit of Arun Babanrao Waghmare Asst.Commissioner of Police, Traffic Control Branch, Thane in both Criminal Applications filed. Copy received by counsel for the Applicants. 2. Heard learned counsel for the applicants in both 2 Applications. 3. In C.R.No.156/2009 on 9.8.2009 accused-applicant Prashant and Chandresh were arrested. Since charge sheet was not filed in the statutory period in terms of section 167 (2) Cr.P.C., On 28.10.2009 the learned Judge directed the Accused-Applicant to be released on bail. On 16.12.2009 an application was moved by police seeking cancellation of bail as police desired to apply provisions of the Maharashtra Control of Organised Crime Act (MCOC Act.) Consequent upon such Application, the learned 9th J.M.F.C. at Thane cancelled the bail to the Applicant by order dated 17.12.2009. This cancellation is undisputedly without any prior notice to the Applicants. Few of the suspects other than Prashant and Chandresh challenged the said orders of cancellation of bail before the Additional Sessions Judge and succeed. Prashant moved the learned Sessions Judge subsequently seeking to challenge the cancellation. However, there was delay of around 171 days. The learned Judge felt it to be 240 days and did not condone the same. Consequently, Revision came to be dismissed. Chandresh did not challenge the said order of cancellation of bail before the Additional Sessions Judge and has filed the present proceedings. 3 4. Other Accused namely Amit Bhoja Safalia @ Shetty moved Criminal Application No.239/2011 before this Court in terms seeking bail though it was styled as Application under section 482 Cr.P.C. By order dated 19.7.2011 the said Amit Bhoja Safalia @ Shetty was directed to be released on bail. Application of Rishikant Ravindra Raut along with two other Accused was entertained by the learned Additional Sessions Judge and those three persons were directed to be released on bail and they had accordingly enjoyed bail. 5. On going through the facts of the matter, it is more than clear that the learned Additional Sessions Judge has recorded a positive finding of mistake in the order of cancellation of bail and same does not call for any interference and added to it this Court in the matter of Amit Bhoja Safalia @ Shetty directed to be released on bail. Same principle would have to be followed to the extent of present two Applicants Prashant and Chandresh. Hence, the following order : 6. The Accused-Applicant Prashant Sumanprakash Saxena (Application NO.224/2011) and Applicant Chandresh 4 Sumanprakash Saxena (Application No.826/2011) be released on bail in the sum of Rs.50,000/- (Fifty thousand only) with sureties in the like amount and P.R.bond. Accused- Applicants shall attend Shreenagar police station on first Sunday of each English calender month between 3 to 7 p.m., commencing from 1.10.2011 till disposal of the case. Applications allowed. K.U.Chandiwal, J