An appeal lies under Section 21(4) of the NIA Act, 2008 against a Special Court's order on bail, highlighting the maintainability of such petitions.

ORAL ORDER

Apart from other objections, office has raised objection regarding maintainability of the petition.

2. This petition is preferred under Section 4 83 of the BNS S, 2023 for grant of bail to the petitioners in a case registered in Crime No.156/2025 of Kalasipalya Police Station, Bengaluru City, for the offence punishable under Section 4 and 5 of the Explosive Substances Act , 1908, Section 6(A) and 9(B) of the Explosives Act , 1884 and Section 288 , 61(1)(a) and

61(1)(b) of the BNS , 2023.

3. The Court which has rejected the bail petition is a Special Court for the Trial of NIA cases. Offences i.e., Section 4 and 5 of the Explosive Substance Act, 1908 are schedule offences under the Act.

4. A plain reading of Section 21(4) of the NIA Act , 2008, indicates that an appeal lies to the High Court against an order of the Special Court, granting or refusing of bail.

5. Hence, office objections regarding maintainability is upheld.

6. Learned counsel for the petitioners would submit that he may be permitted to file an appeal under Section 21(4) of the NIA, Act, 2008, challenging refusal of the bail by the Special Court.

7. In light of the above submission, petition is dismissed as withdrawn, with liberty as sought for.

8. Registry shall return the certified copies of the document furnished along with the petition, retaining photocopies of the same, forthwith.

Sd/-

(MOHAMMAD NAWAZ)