IN THE HIGH COURT OF DELHI AT NEW DELHI
Chandra Dhari Singh, Anup Jairam Bhambhani, JJ.
Mohd. Waqar Lone - Appellant
Versus
National Investigation Agency & Anr. - Respondents
CRL.A. 375 of 2025
Decided On : 27-03-2025
ORDER :
CRL. M.A. 9247/2025 (exemption)
1. Exemption allowed subject to all just exceptions.
2. The application stands disposed of.
CRL. M.A. 9246/2025
3. The present application filed under Section 5 of the Limitation Act, 1963 read with Section 21(5) of the National Investigation Agency Act, 2008 Act (‘NIA Act’ hereinafter) has been filed on behalf of the appellant seeking condonation of delay of 24 days in filing the captioned criminal appeal.
4. For the reasons stated in the application, which is duly supported by an affidavit, the application is allowed.
5. The delay in filing the criminal appeal is condoned.
6. The criminal appeal is taken on Board.
7. The application stands disposed-of.
8. The present appeal filed under Section 21(4) of the NIA Act read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed on behalf of the appellant seeking the following reliefs:
“a) Allow the appeal and set aside the order dismissing the bail application via the impugned order dated 28th January, 2025 passed by the Ld. Principal District & Sessions Judge, Special Court (NIA), PHC, New Delhi in S.C. No. 03 of 2021 arising out of RC No. 05/2021/NIA/DLI and further, direct the jail authority to release the appellant from the Jail in the present case.
b) pass such further orders as this Hon’ble Court may deem fit.”
9. Heard.
10. Issue notice.
11. Mr. Rahul Tyagi, learned SPP for the NIA appearing on advance notice; accepted notice and prayed for four weeks’ time to file the status report.
12. Let the status report/reply be filed by the NIA before the next date of hearing and a copy of the same be served to the opposing counsel.
13. Let Trial Court Record be requisitioned in electronic form; let appeal paper-book be prepared; and let a copy of the paper-book be supplied to both counsel on request.
14. Let the appellant's updated nominal roll be requisitioned from the concerned Jail Superintendent for the next date of hearing.
15. List on 13th May, 2025.
AI
The court allowed the condonation of delay in filing a criminal appeal under the Limitation Act and the NIA Act, emphasizing procedural fairness.
The judgment in Buhari @ Kichan Buhari's case is overruled, affirming that the limitation period under Section 21(5) of the NIA Act is mandatory and cannot be condoned beyond specified limits.
The court established that the NIA Act's strict timelines for appeals must be followed, and the right to bail is statutory, not fundamental, limiting the court's discretion in condoning delays.
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