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2023 Supreme(Bom) 1774

GAURI GODSE, REVATI MOHITE DERE
Faizal Hasamali Mirza – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Aabad Ponda, Advocate, Jugal Kanani, Advocate, Saurabh Mehta, Advocate, Sharan Jagtiani, Advocate, Shraddha Achliya, Advocate, Priyanka Kapadia, Advocate, Ansh Karnavat, Advocate, Aditya Pimple, Advocate, Mateen Shaikh, Advocate, Shahid Nadeem, Advocate, Muskan Shaikh, Advocate, P.P.Shinde, Advocate, Sandesh Patil, Advocate, Chintan Shah, Advocate, Divya Pawar, Advocate, Krishnakant Deshmukh, Advocate

JUDGMENT/ORDER

REVATI MOHITE DERE,J. - By this interim application, the applicant seeks condonation of delay of 838 days caused in filing the aforesaid appeal. By the said appeal, preferred under Sec. 21 of the National Investigation Agency Act ('NIA Act'), the appellant has impugned the order dtd. 9/3/2020 passed below Exhibit 30 by the learned Special Judge, by which, the learned Judge was pleased to reject the applicant's application seeking his enlargement on bail in connection with C.R. No. 13/2014 registered initially with the Kalachowky Police Station, Mumbai, Maharashtra, for the alleged offences punishable under Ss. 16, 18, 18-A, 18-B and 20 of the Unlawful Activities Prevention Act, 1967 and under Ss. 420, 465, 468, 471, 201 and 120-B of the INDIAN PENAL CODE , and subsequently transferred to NIA and re-registered as RC-02/2018/NIA/Mum on 2/8/2018 by NIA, Mumbai.

2. The question that arises for consideration in the aforesaid application is, whether the Appellate Court has the power to entertain an appeal, filed beyond the period of 90 days, in view of the 2nd proviso to Sec. 21(5) of the NIA Act, 2008 and accordingly, condone the delay beyond the said period

3. Mr. Sandesh P

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