JUDGMENT

Talwant Singh, J. The State has filed these appeals under Section 12 of The Maharashtra Control of Organised Crime Act, 1999 (hereinafter referred to `MCOCA') read with Section 482 Cr.P.C. against the impugned order dated 25.11.2020 passed by learned Special Judge (MCOCA)-cum-ASJ. Since broad facts in both the cases are same and the appeals are also on the same lines, so both the matters have been taken up together for disposal.

1.1. The case of the petitioners is that regular bail was granted to both the respondents/accused persons without they being in judicial custody and they were directed to join investigation as and when required by the Investigating Officer. The application filed before the learned Special Judge was neither an application under Section 439 Cr.P.C. nor an application under Section 438 Cr.P.C. and the heading of the application stated that this was an application for joining the investigation and grant of bail. There is no provision under MCOCA for grant of anticipatory bail but the applications were considered by learned ASJ treating them as anticipatory bail applications. These applications were moved on 23.11.2020, the response was filed on 25.11