M. S. RAMESH, SUNDER MOHAN
Buhari @ Kichan Buhari – Appellant
Versus
State, rep. by The Additional Deputy Superintendent of Police, Special Investigation Division, Crime Branch, CID, Madurai. (Cr. No. 1/2013 of CBCID) – Respondent
ORDER :
(Sunder Mohan, J.) :
(Prayer : Criminal Miscellaneous Petition filed under Section 5 of the Limitation Act, to condone the delay of 43 days in preferring the above appeal against the judgment passed in Crl.M.P.No.645 of 2023 on the file of the Special Court, under the National Investigation Agency Act, 2008 (Sessions Court for Exclusive Trial of Bomb Blast Cases), Chennai at Poonamallee dated 24.07.2023.)
This instant Criminal Miscellaneous Petition has been filed seeking to condone the delay of 43 days in preferring the appeal beyond the period of 90 days against the judgment passed in Crl.M.P.No.645 of 2023 on the file of the Special Court, under the National Investigation Agency Act, 2008 (Sessions Court for Exclusive Trial of Bomb Blast Cases), Chennai at Poonamallee, dated 09.05.2023.
2. As per Section 21(5) of the National Investigation Agency Act, 2008 (hereinafter referred to as the 'NIA Act'), the High Court shall not entertain any appeal beyond the period of 90 days.
3. The challenge is to the dismissal of a bail order. In view of Section 21(4) of the NIA Act and the judgment of the Hon'ble Apex Court interpreting the said provision, the petitioner/appellant is also
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Arup Bhuyan v. State of Assam ((2011) 3 SCC 377
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State of Andhra Pradesh Vs. Mohd. Hussain
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Sushil Kumar Sen v. State of Bihar (1975) 1 SCC 774
The State of Punjab and Anr. v. Shamlal Murari and Anr. (1976) 1 SCC 719
Ghanshyam Dass and Ors. v. Dominion of India and Ors. (1984) 3 SCC 46
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