T.V. Nalawade, J.

The appeal is admitted. Notice after admission, made returnable forthwith. Heard both the sides for final disposal.

2. The appeal is filed under the provisions of the Maharashtra Control of Organized Crime Act, 1999 (hereinafter referred to as “MCOC Act”) to challenge the following orders made by the learned Judge of the Special Court created under the MCOC Act :

(i) The orders of extension of time of remand made under the provisions of Section 21 of the MCOC Act; and

(ii) The orders of rejection of applications filed for bail under Section 167(2) of the Code of Criminal Procedure by the Appellants.

3. The facts of the case show that the crime at C.R. No.179 of 2018 came to be registered in Anandnagar Police Station, Osmanabad, for the offences punishable under Sections 302, 307, 143, 147, 148, 149, 324, 452, 504 and 506 of the Indian Penal Code, Section 37(1) and 135 of the Maharashtra Police Act, Section 3/7 of the Criminal Law Amendment Act, Section 4 read with 25 of the Indian Arms Act and Sections 3(1) (r)(s), 3(2) (b)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act on 20th June, 2018. Appellant Nos.1 to 3 came to be arrested in this crime on 20th June, 2018. Appellant Nos.4 and 5 came to be arrested on 21st June, 2018, Appellant No.6 came to be arrested on 22nd June, 2018, Appellant No.7 came to be arrested on 27th June, 2018 and Appellant Nos.8 and 9 came to be arrested on 28th June, 2018. As per the case of the investigating agency, on 15th September, 2018, the offence punishable under Sections 3(1)(i) and 3(4) of the MCOC Act came to be added in the crime.

4. On 18th September, 2018, application was moved for the investigating agency under Section 21 of the MCOC Act and it was prepared by the investigating officer, Sub-Divisional Police Officer, Osmanabad. This application was countersigned by the learned Special Prosecutor appointed by the State for MCOC cases. Extension of the period of 90 days was claimed. In this application, name of Appellant, Sachin Rathod was mentioned. In the application, it was mentioned that notice was ordered already by the Special Court to the Appellants except Appellant, Limbraj. This application came to be decided on 19th September, 2018 and the time came to be extended by 90 days. The other record shows that on 17th September, 2018, application in respect of Limbraj was also filed and by order dated 18th September, 2018, time was extended of similar period by the learned Special Judge. Copy of the application, which was filed in respect of Limbraj is not produced on record. There is a copy of application dated 19th September, 2018 and it came to be allowed on 19th September, 2018. It was submitted that the application in respect of Limbraj was allowed on 18th September, 2018 and the application in respect of other Appellants was allowed on 19th September, 2018. No record is produced to show that prior to 18th September, 2018 order of notice to Accused was made by the learned Special Judge against Appellants except Limbraj.

5. The application for bail under Section 167(2) of the Code of Criminal Procedure for Appellant Nos.1 to 6 came to be filed on 21st September, 2018 and it came to be rejected on 27th September, 2018 after giving hearing to the learned Special Prosecutor. Application for Appellant, Vijay was filed on 26th September, 2018 and it came to be rejected on 27th September, 2018. Application for Vishal and Nilesh came to be filed on 28th September, 2018 and it came to be rejected on 29th September, 2018. All the bail applications are rejected by the learned Special Judge of the Special Court on the ground that as extension of time was already granted under Section 21 of the MCOC Act, it was not possible to grant bail under Section 167(2) of the Code of Criminal Procedure. It is also observed by the learned Judge of the Special Court that consideration of application filed for bail was not possible as it would amount to revi