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2022 Supreme(Bom) 768

REVATI MOHITE DERE, V. G. BISHT
Mohammad Raisuddin S/o. Mohammad Siddique – Appellant
Versus
National Investigating Agency – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Mubin Solkar, Mr. Aamir Sopariwala, Mr. Abdul Raheem Bukhari
For the Respondent: Mrs. Aruna Kamath Pai, Mr. A. R. Kapadnis

JUDGEMENT :

Revati Mohite Dere, J.

1. Heard learned counsel for the parties.

2. Rule. Rule is made returnable forthwith with the consent of the parties and is taken up for final disposal. Learned Special Public Prosecutor waives notice for the respondent No. 1-National Investigating Agency (‘NIA’). Learned Additional Public Prosecutor waives notice for the respondent No. 2–State.

3. By this appeal preferred under Section 21 of the National Investigation Agency Act, 2008 (‘NIA Act’), the appellant seeks quashing and setting aside of the impugned order dated 31st January 2019 passed by the learned Special Court in Bail Application (Exhibit 124) in NIA Special Case No. 3/2018, by which, the appellant’s application for bail came to be rejected and as such, seeks his enlargement on bail.

4. Mr. Solkar, learned counsel for the appellant seeks bail on merits, on the ground of parity as well as on the ground of delay in commencement of the trial.

5. As far as merits are concerned, learned counsel for the appellant submitted that there is absolutely no cogent, legitimate, admissible evidence qua the appellant to connect him with the alleged offence. He submitted that a perusal of the statements o

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