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2021 Supreme(Bom) 305

V.M.DESHPANDE, AMIT B.BORKAR
Surendra P. Gadling – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shri S.P. Dharmadhikari, Sr. Adv a/b Shri N.B. Rathod, Adv for applicant Shri S.P. Dharmadhikari, Sr. Adv a/b Shri N.B. Rathod, Adv
For the Respondent: Shri V.A. Thakare, APP for the non-applicant/State Shri V.A. Thakare, Adv

JUDGMENT :

1] In view of Section 21(4) of the National Investigation Agency Act, 2008 (for short “NIA Act”), the papers of the present matter are placed before us in pursuance of the order passed by the learned Single Judge dated 04/08/2021.

2] For adjudication of the issue which we are called upon to decide, it is necessary to state the relevant background facts which are as under :-

    F.I.R. No. 35/2016 came to be registered against the applicant for the offences punishable under Sections 307, 341, 342, 435, 323, 504, 506, 143, 147, 148, 149 & 120-B of the Indian Penal Code, Section 5/28 of the Arms Act, Section 135 of the Maharashtra Police Act & Sections 16, 18, 20 & 23 of the Unlawful Activities (Prevention) Act, 1967 (for short "the Act of 1967”) with Police Station Aheri. It is undisputed fact that the investigation for the offences alleged against the applicant was carried out by the State Investigation Agency and not by the National Investigation Agency.

3] The applicant initially preferred regular bail application under Section 439 of the Code of Criminal Procedure before the learned Sessions Judge, Gadchiroli which came to be rejected by the learned Sessions Judge on 23/09/20

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