JUDGMENT

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 Section 21 of the National Investigation Agency Act (‘NIA Act’), the appellant has impugned the order dated 9th March 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 Sections 16, 18, 18-A, 18-B and 20 of the Unlawful Activities Prevention Act, 1967 and under Sections 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 2nd August 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 Section 21(5) of the NIA Act, 2008 and accordingly, condone the delay beyond the