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2023 Supreme(Bom) 1614

A. S. GADKARI, SHIVKUMAR DIGE
Gautam P. Navlakha – Appellant
Versus
National Investigating Agency – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Dr. Yug Mohit Chaudhry, Advocate a/w Mr. Anush Shetty & Mr. Nitya Ramakrishnan, Senior Advocate
For the Respondent: Mr. Devang Vyas, Additional Solicitor General of India a/w Mr. Sandesh Patil, Mr. Chintan Shah, Mr. Shrikant Sonkawade, Ms. A.S. Pai, P.P. a/w Ms. Mahalakshmi Ganpathy, A.P.P.

JUDGMENT :

A.S. Gadkari, J.

1. Appellant, Accused No.11, has preferred this Appeal under Section 21(4) of the National Investigation Agency Act, 2008 (for short, ‘the NIA Act’ ) impugning the Order dated 6th April, 2023 passed below Bail Application Exh-648 in NIA Special Case No.414 of 2020. By the impugned Order, the learned Special Judge, Greater Mumbai (for short, ‘the trial Court’) has rejected the Application for bail of the Appellant.

2. Heard Dr. Yug Mohit Chaudhry, learned counsel for the Appellant, Mr. Devang Vyas, learned Additional Solicitor General of India for the Respondent No.1-NIA and Smt. Pai, P.P. for the Respondent No.2-State.

3. Appellant is Accused No.11 as per the charge-sheet submitted by Respondent No.1, National Investigation Agency (for short “NIA”) in FIR No.RC-01/2020/NIA/MUM registered by it under Sections 120-B, 115, 121, 121-A, 124-A, 505(1)(b) and Section 34 of the Indian Penal Code, 1860 (for short “the IPC”) and under Sections 13, 16, 18, 20, 38 and 39 of the Unlawful Activities (Prevention) Act, 1967 (for short “UAP Act”).

4. Facts which emerged from record and necessary for adjudication of the present Appeal can be summarized as under:-

    i) On 31st Dec

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