2021:BHC-AS:17720-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2024 OF 2021 Sudha Bharadwaj Aged about 59 years, Currently incarcerated in Byculla District Prison, (U.T. No. 177), Clare Road, Byculla, Mumbai Otherwise residing at :

F4/216, South End Apartments, Eros Garden Colony Surajkund, Faridabad ...Applicant/Accused No.9 Vs.

1. National Investigation Agency

7^th Floor, Cumballa Hill, MTNL Telephone Exchange Building, Peddar Road, Mumbai 400 026.

2. State of Maharashtra Through Vishrambaug Police Station ...Respondents WITH CRIMINAL APPLICATION NO.1458 OF 2019 WITH INTERIM APPLICATION NO.376 OF 2020 IN CRIMINAL APPLICATION NO.1458 OF 2019

1. Sudhir Prahlad Dhawale Aged 50 years, Indian Inhabitant, having address at Sarnath Tower, A-Wing, 7^th Floor, Room No. 707, Buddha Nagar Co-op. Housing Society, Nimonibaug, Govandi, Mumbai.

2. Rona Jacob Wilson Aged 48 years, Indian Inhabitant, having address at G-1, DDA Flats, Munirka, New Delhi-110067

3. Surendra Pundlik Gadling Aged 51 years, Indian Inhabitant, having address at Plot No. 79, Misal Lay Out Vaishali Primary School, Samrat Ashok Chowk, Post Jaripatka, Nagpur.

4. Dr. Shoma Kanti Sen Aged 61 years, Indian Inhabitant, Having address at S/5, 2^nd Floor, Ruturaj Apartment, Bharat Nagar, Amravati Road, Nagpur-440033.

5. Maheash Sitaram Raut, Aged 33 years, Indian Inhabitant, having address at Plot No. 83, Dhangavdi, Pimpal Road, Nagpur.

6. P. Varavara Rao, Aged 80 years, Indian Inhabitant, having address at 419, Himasai Heights, Lane No. 6, Jawahar Nagar, Secunderabad

7. Vernon Stanislaus Gonsalves Aged 62 years, Indian Inhabitant, having address at C3, New Prem Vasundhara, Mahakali Caves Road, Andheri (East), Mumbai.

8. Arun Thomas Ferreira Aged 46 years, Indian Inhabitant, 401, Sharon C.H.S. Annaji Sundar Marg, Charai, Thane – 400 601. All Applicants are at present in Judicial Custody and lodged at Yerwada Central Prison, Pune ….Applicants Versus

1. The State of Maharashtra, 2. The ACP Swargate, Pune City, Pune.

2A The Director General, National Investigation Agency, CGO Complex, Lodhi Road, New Delhi. ...Respondents ****

Dr.Yug Mohit Chaudhary a/w. Ms. Payoshi Roy and Ms.Chandni Chawla for applicant in BA/2024/2021.

Mr.Anil C. Singh, ASG a/w. Mr. Sandesh Patil, Mr. Aditya Thakkar, Mr. Chintan Shah, Ms. Smita Thakur, Mr. Pranav Thakur and Mr. Vishal Gautam for respondent- NIA in APL/2024/2019.

Mr.Sudeep Pasbola a/w. Mr.Barun Kumar, Mr. Karl Rustomkhan and Ms. Susan Abraham i/b Mr. R. Sathyanarayanan for applicants in APL No.1458/2019 and IA/376/2020.

Mr.A.A. Kumbhakoni, Advocate General a/w. Smt. A.S. Pai, PP, Mrs. S.D. Shinde, APP and Mr. Akshay Shinde, “B” Panel Counsel for respondent-State.

Mr.Anil C. Singh, ASG a/w. Mr. Sandesh Patil, Mr. Aditya Thakkar, Mr. Chintan Shah and Mr. Pranav Thakur for respondent-NIA in APL/1458/2019.

****

CORAM : S.S. SHINDE &

N. J. JAMADAR, JJ.

RESERVED ON : 1^st SEPTEMBER, 2021 PRONOUNCED ON : 1^st DECEMBER, 2021 ----------

JUDGMENT : (PER N.J. JAMADAR, J.)

1. These applications under section 482 of the Code of Criminal Procedure, 1973 (‘the Code’) seek enlargement of the applicants on bail under section 167(2) of the Code read with section 43-D(2) of the Unlawful Activities (Prevention) Act, 1967 (UAPA) in National Investigation Agency (NIA) Special Case No. 871 of 2020, arising out of frst information report, initially registered with Vishrambaug Police Station, being frst information report No.4 of 2018, on the ground that the learned Judge, who extended the period for investigation under section 43-D(2) of UAPA and took cognizance of the offences punishable under sections 120B, 121, 121(A), 124(A), 153A, 505(1)(b), 117, 23 of Indian Penal Code, 1860 (‘the Penal Code’) and sections 13, 16, 17, 18, 18-B, 20, 38, 39 and 40 of UAPA was not legally empowered to grant such extension and take cognizance.

2. Since the factual backdrop is, by and large, similar and common questions of law arise for consideration